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FAQ Can my landlord charged me a late fee?

Authored By: Georgia Legal Services Program® LSC Funded

FAQ Can my landlord charged me a late fee?

I paid the rent on the 5th of the month. The manager charged me a $15.00 late fee. Is there a grace period under Georgia law?

The date the rent is due should be stated in the lease or agreed upon by the landlord and tenant. There is no law which specifies any grace period or designates a due date. Rather, a grace period is a matter of agreement between the landlord and tenant. A grace period allows the tenant extra time in which to pay the rent without breaching the lease or rental agreement. The landlord and tenant may agree to any grace period they choose or they can agree not to have a grace period. In addition, a grace period may be created based on the landlord's conduct of accepting late rent over the course of several months without charging a penalty. If a tenant fails to pay the rent by the required date, including the time allowed for a grace period, the landlord may charge a late fee if the late fee is provided for in the lease. If the lease does not allow for a late fee, the landlord is not allowed to impose such a fee. The amount of the late fee will be the amount agreed upon by the landlord and tenant in the lease itself.

Last Review and Update: Sep 27, 2011