I live in Madison, WI. Can my landlord legally start eviction process if I don't pay my rent until the 5th of?

[chozai65]

The management company put notices on all tenants doors saying that there will no longer be a grace period to pay rent. Rent is due on the 1st of each month, and if not paid by 5p on the 1st eviction process will be started on the 2nd of the month

[barclay76]

So... just pay on the 1st. (before).
What are you going to do? Pay $5,000 for a lawyer to take your case?

[luther]

In most states, in that situation, on the 2nd of the month, they would give you a "3 day notice to perform covenant or quit."

That means, if you don't pay by the 5th, with a late fee, they will have a strong case against you when they take it to court, because you failed to perform the covenant after being warned. Then you will have to pay a lot more than the rent, and they can seize the money from your bank account and employer. That will also ruin your credit.

So it's much better to pay by the 1st without a late fee.

A lot of landlords are obnoxious, but you can never get revenge on them by failure to pay rent according to their current rules. The revenge is always on yourself. They have too much legal protection, and hardly even care if you pay or not, because they get more money if you don't.

[sebastiano]

Of course they can especially since they notified you about the change. They are not required to give you any grace period to pay the rent. They do have to give you 30 days notice before the policy can change. They cannot start this policy August 1 if you got notified during July.

[adalwine]

No., Most states allow three days notice to pay rent or quit. This is another word for move out. But, the owner or LL must start eviction proceedings first. Only a judge can force you to move out. Also, the courts want to make sure the LL gave you an opportunity to pay the rent. Not allowing a grace period seems absurd!

[dennie18]

This spells it all out http://datcp.wi.gov/uploads/Consumer/pdf/WisconsinWayWEB.pdf

They are not in business to loan you money for rent, it is due when it is due.

They have to give you 5 days notice (typically a 5 day pay or quit notice that means pay or get out within 5 days) before they can begin eviction for non-payment of rent. But if you continue to pay late, they can give you notice to get out regardless (even if you have a lease, because you breached that contract).

[iden]

no
he cannot change the law
but if you pay late 2 mo in a row, he can set up a 30 day eviction which you can challenge.