Dealing with the payment of rental
Unless agreed to, there is no grace period
Daily News Tuesday July 24 2007
THE payment of rental on time is an
important part of the rental agreement.
1. It must be paid at the time and place
agreed to, and in the manner requested
(cash, cheque, money order, etc).
2. Failure to pay, continuous late payment
of rent or the tenant withholding
payment, is a violation of the rental
agreement. Such actions give the
landlord the right to cancel the lease.
3. If the dwelling is let without an
agreement to rental, then no contract of
4. The landlord can lodge a complaint with
the Rental Housing Tribunal of unfair
practice when rental is not paid. The
tenant is under duty to pay rental
regularly, on time and in full [s 4 (5)
When is Rental Paid?
1. In a written lease, the rental is payable on
the date stated in the lease.
2. In a verbal lease, it is payable on the date
agreed by the landlord and tenant. Rent
is either paid in Arrears or in Advance.
ARREARS: If it is paid at the end of the
period of occupation, it is paid in arrears,
e.g. in the case of a weekly tenancy, rental
is paid on or before the end of the week; in
the case of a monthly tenancy, rental is paid
on or before the end of the month.
ADVANCE: If it is paid at the beginning of
the period of occupation then it is paid in
advance. Most tenancies are based on
advance payment of rental.
Some tenants confuse the rental paid in
advance when the lease contract comes to
It is believed that rental is not payable for
the last month (or week) of the lease period
because of the “advance rental”.
This misunderstanding or confusion can
lead to legal action against the tenant for
What Rules apply when there is no
agreement about the date rentals are
(a) If the rental is payable in advance, e.g.
in the case of a monthly lease, the rental is
paid on or before the 7th day of the month
in terms of common law.