how much time do i have to pay my month's rent if ive notified landlord of intention to pay with late fee?

i have rented my commercial studio space for over four years without getting behind in rent. this month i emailed him a notice that due to my annual summertime lull in jobs i would have to pay rent late this month. i noted that i accepted the fact that i would also be paying him the 10 % late fee stated in our mo. to mo. lease. (if paid after the 3rd of each mo.). three days later he placed a 3 day pay or quit notice on my door. the lease states " the late charge is not a grace period, and lessor's entitled to make written demand for any rent if not paid when due" .
does it make sense for him to file legal proceedings in this scenario (given my notice of intent to pay) ?
how much time does it realistically allow for me to come up up with rent plus fees ?
thank you for your responses !
cheers
In Leasing Property - Asked by mike s. - Aug 8, 2013
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Answer(s)

Jed T.
Abilene, TX

To answer the question, none. As you said yourself, your lease specifies that the late charge is not a grace period.
Assuming that the "three days later" was after the 3rd, then it sounds like he has done everything in accordance with the lease. Your choices now are to pay your rent plus late fees, move out, or go directly to your landlord and try to work something out.
As far as does it make sense, that depends entirely on the market. If you're in an area with a weak market, then it makes no sense at all for him to do that. Late rent is better than no rent. However, he may have a waiting list for your space, in which case he may well be better off to evict you and rent to someone else.

Aug 9, 2013
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Michael C.
Broker/Agent
San Leandro, CA

I have not seen the lease but the landlord was likely just following the terms of the lease.
What if you did not pay when you indicated you would? The landlord would have to send the letter but he would have lost those days when he could have sent it to when he actually sent the" late notice" or "pay rent or quit".
Keep in mind if a landlord wanted to evict a tenant on a month to month lease, they could just send a 30 day notice to quit. Check the laws in your state.
Read the section of the lease under "Breach of Contract" & remedies.
Was a check sent yet? Did he cash the check? or return it back to you?
Consider getting professional advice if you do not understand the lease contract.

Aug 9, 2013
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John P.
Broker/Agent
Glen Burnie, MD

You, the tenant has defaulted your lease, the landlord MUST follow the remedy for such default or he will also default on the lease, thereby losing any future additional remedies. If you are on a month-to month lease term after the end of the original lease, I would expect to see the sheriff showing up soon to evict you. Check your original lease document to see if it contains a clause "HOLD-OVER", check to see if the rent changes... If you are a month-to-month tenant, you generally have few rights except those spelled-out in the original lease document--States vary considerably on this however.

Aug 18, 2013
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Eric B.
Broker/Agent
Las Vegas, NV

The key is to keep commumication open, if they are willing to work somehting out with you. If the are then it needs to be put in writing and you have to hold your end of the bargain. If your hardship is a cash flow issue then you need to let them know or if you had some type of emergency.

Aug 21, 2013
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