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It's the first time I have to pay the apartment rent myself and I have some doubts about when should I pay it. The lease states:

... at the latest of the 5th working day after the commencement of the tenancy in the 30 days rhythm ...

I moved to this apartment on March, 18th, so I'm not sure whether I should consider the 30 days rhythm starting from that day or from the 1st of each month.

user
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wrong_path
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    This is a question for your landlord. We can interpret the sentence as well as you, but they’re the one whose expectation you need to meet. – Todd Mar 20 '19 at 07:10
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    Wow, is this a standard contract? Is the landlord a native speaker? – pipe Mar 20 '19 at 14:22
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    I've lived in apartments (US) all my life and never been in one where the due date wasn't the 1st of the month with the first month's rent prorated from the move-in date to the end of the month. I wouldn't have thought anyone would bother to make a lease that said otherwise. – davidbak Mar 20 '19 at 15:07
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    Does this mean that making 12 payments will only get you 360 days rent and not the full 365-366 days in a year? – Travis Mar 20 '19 at 15:11
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    @pipe I assume the contract is actually written in some other language ans has been translated for our benefit. The asker's English is good but it doesn't look native. – David Richerby Mar 20 '19 at 15:42
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    @davidbak UK rents are due on the anniversary of the moving-in date. So if you start the tenancy on the 5th, rent is due on the 5th of every month. (And if you start your tenancy on the 29th or later, rent is due on the last day of the month if the month is too short.) – Martin Bonner supports Monica Mar 20 '19 at 16:18
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    @DavidRicherby If that's the case then we shouldn't be answering this at all. Translating legal documents is, naturally, a minefield. Unless a competent lawyer performed the translation it is effectively worthless as a reference. – J... Mar 20 '19 at 17:52
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    @J... Agreed, except that I think the answer "Clarify it with your landlord" is the correct one regardless of what words teh contract uses. – David Richerby Mar 20 '19 at 18:08
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    Is there a flag reason for "we can't help you interpret a contract"? migrate to law.se? – stannius Mar 20 '19 at 21:46
  • Is that an R&B lyric or a lease, yo... – smci Mar 21 '19 at 00:22
  • It says "at the latest", meaning you're free to pay at any point before that exact date, too. If you've got the money ready to go anyways, just pay it now and then you don't have to worry about it anymore (for 30 days). – aroth Mar 21 '19 at 12:04
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    @MartinBonner To be more precise, UK rents are due when the tenancy agreement says they are due, and the model davidbak describes is entirely possible. However you are right to say that by far the most common scenario is rent due on the day of the month that the tenancy commences on. – JBentley Mar 21 '19 at 12:20
  • @JBentley You are entirely correct. I should have said "UK rents are usually due ..." – Martin Bonner supports Monica Mar 21 '19 at 13:05

4 Answers4

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Just ask your landlord and agree on a date with him. From the way the sentence is worded, I'd assume you are expected to pay by the end of the 23rd, but really, there is no reason not to give your landlord a call to make sure.

MonkeyZeus
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Gweddry
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    FWIW - landlords give a 5 day grace period, but paying on the very last day, treating that as the "due date", is frowned upon. – JTP - Apologise to Monica Mar 20 '19 at 11:31
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    And not to forget, you pay when the money arrive on the account of the landlord, not when you make the trasfer ;) –  Mar 20 '19 at 12:18
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    Nitpick - Assuming this is 2019, would the fifth working day be the 25th (Monday) and not the 23rd (Saturday)? – Freiheit Mar 20 '19 at 14:22
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    @9ilsdx9rvj0lo: that depends. It's not the tenants problem to account for however long it takes the landlord to getting around to cashing rent checks. Once the check is in the landlords possession, the rent is paid. Check cashing turnaround time is the landlords problem. – whatsisname Mar 20 '19 at 16:06
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    @whatsisname Pretty sure 9ilsdx9rvj0lo was talking about a wire transfer. – user11153 Mar 20 '19 at 16:08
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    @whatsisname The asker probably isn't in the US so probably isn't paying by cheque. – David Richerby Mar 20 '19 at 18:07
  • @whatsisname: ACH transfer. In the US this can take 1-3 working days (hence up to 5 calendar days), so the point is "don't wait until the due date to initiate an ACH transfer". – smci Mar 21 '19 at 00:25
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The due date is the anniversary date (the 18th), or the first of the month, depending on what your agreement is with the landlord.

Most people expect to have a grace period to cover honest oversights, bank glitches, etc. And it's expected that you're not going to rely on this grace period every month, or at least that it'll be out of your hands, e.g. Your rent check is mailed and has a postmark of the 1st/18th every month, then postal transit time is not held against you.

This lease formally establishes the grace period, and defines it as 5 business days. It is not giving you an extra 5 days before the grace period begins. It is the grace period.

The adult response is to make every fair effort that the rent is paid on time, e.g. 18th or 1st.

If you push the limits of the grace period every month, the landlord has every right to judge you for that, and act accordingly. He can tell your references that you're a slow pay. He can decide he doesn't want to do you any other favors. He can tell you to move out (consistent with lease and law).

Harper - Reinstate Monica
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    And if you pay promptly every month, he can still do most of those things. – nanoman Mar 20 '19 at 17:14
  • @nanoman But he would be lying. I assume if such lies caused you legal or financial trouble, you would have grounds for legal action against him. – Barmar Mar 20 '19 at 18:51
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That wording is ridiculous, but so is the idea of the due date being every 30 days from the start of your tenancy (March 18). Keeping track of the due date would be an unnecessary burden for both sides in the contract. For example, your next due dates would be April 17, May 17, June 16, and so on, until you get back to March, when it would be March 13, 2020. Stick around until July 2022, and you'll have the privilege of paying twice in the month, on July 1 and July 31.

So the 30-day period cannot be realistic, and it has to be the first of the month. But strange things happen all the time, so you'll have to confirm that with your landlord, of course.

My experience has been that when you start in the middle of a month, the rent is prorated, which means you are charged a daily rate (based on the monthly rate) for the number of days left in the month. From then on, would pay full monthly rent on the first of the month.

Mohair
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0

You pay it by close of business on the fifth working day after the monthly anniversary. You should be fine as the 18th is nowhere near the end of a month, a period for which this wording is designed.

Working days are not weekend days, fixed church holidays, summer bank holidays, etc.

Beware that the "day you moved" may not be the same day as the "commencement of the tenancy". This date should be clear.

mckenzm
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