Can my landlord ask me to pay rent 5 days early?

Question

I have lived there for 3 years. Its a studio apt above a garage which is part of a house. The landlords live in the house. We do not have a rental agreement or lease term. She asked me last month to pay rent 5 days early because she needed the money and she gave me a 40dollar discount. (oddly, she didn't cash the check til days after the original due date).

She hasn't offered me an incentive such as a rent discount.

Answer 1

Without a rental agreement, legally neither of you are in the right or wrong.

Since there is no contract signed by the two of you, stating that rent is not due until the 5th she can't force you to pay early. But at the same time it is her property, and without a contract you have no legal claim to the apartment. She wouldn't even have to give you notice to kick you out. Depending on your state she may be required to allow you to stay for a week or two but she could have you out of the apartment without even having to go to court.

If I were you and you wish to continue to stay in the apartment, I would recommend just communicating with her on what is going on, see if this is something that is going to go on continuously. If you can afford to pay on the 1st, I wouldn't put up a fight. If it is something that you really can not do. I would explain that to her and ask if you can get a Lease Agreement stating the terms of rent. That way there is no confusion in the future.  

Answer 2

"We do not have a rental agreement or lease term"

Then legally you have a month to month lease and she (the landlord) can change the due date to the 1st simply by giving you 30 days notice.

For example on or before Sep 1 she could inform you that the rent is now due on the 1st effective Oct 1 and that would be the new due date unless/until you give notice to vacate.

Answer 3

You said she offered you a discount and then say that she didn't.  So, which is it?

A landlord can ask for anything; you're not obliged to honor the request.  However if a landlord offered me a significant discount for an early payment, I'd be strongly tempted to do it.

Edit:  I read your question.  It was not clear.  Your answer clarifies part of the question.  However rent is traditionally due on the first or whatever other date you have agreed to in advance.  If she's asked you to pay early but is not offering anything in return for doing so, just say "no."  

She can't do anything to you for not paying early.  However she CAN terminate your month-to-month tenancy by giving you 30 days advance notice that spans at least one full rental period.  She can also change the due date by giving you the same 30 days notice.

Answer 4

Since you don't have a rental agreement (sounds like it was verbal), maybe you need to question her about it again. That's the problem with not having something in writing. Although in your case, in sounds like it's in your favor. Rent due on the 5th and she asks if you'll pay on the 1st and she'll give you $40 off. Sounds great. If you want to pay on the 5th, tell her you can't pay till then. If you want to continue paying on the 1st, ask her if the rent can be lowered permanently to $40 less.

As far as when she cashes the check, what do you care. You're getting $40 off!

Answer 5

What do you mean: -Rent is "usually" due on the 5th. Your rent is due on a certain day of the month per your rental agreement.

With your agreement, the landlord can change the due date for your rent, as it seems that the Landlord needs funds on the first.

Landlord can pro-rate your rent to fall due on the first.

If your agreement says that your rent is due on the 1st of the month, then you should pay it on the 1st.  Some tenants and some landlords believe that Tenant has five days leeway to pay the rent.  This is not true.

Answer 6

Read me very clearly-

1. Rent is due when she says its due.

2. Ask her when is the rent due.

3. It's none your biz when she cashes the check.  Perhaps she needs it earlier to do her banking.

I suggest getting a written contract with your renter about due dates of rent.