Is it legal to change the time rent is due

UPDATED: Sep 30, 2022

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Is it legal to change the time rent is due

I have paid rent on the 5th for almost
2 years. The rental agreement states
it’s due 1st-5th. On the 4th of the
month, they posted all rent due after
5pm on the 5th will not be accepted and
will be charged a 100 late fee. This
was not mailed to us and we were not
notified by phone, note, or any posting
outside the one that was put up on the
4th on the night deposit box.

Is this legal, to supply less than 30
days notice for this change and no
other form of notice ? I am in GA.

Asked on March 6, 2016 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have an oral (unwritten) lease, they can change the terms of the lease on 30 days notice. If you have a written lease, they cannot change the terms of the lease while the lease is still in effect (i.e. before the current lease expires), but they can change it when the lease is up for renewal--that is, they are not obligated to renew the lease on the same terms as previously.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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