contract-law canada rental-property
If something is due on a certain day, does it mean before the day starts or the end of that day?
<p>If a contract is written such that a payment is due on day x does that mean it is due prior to that day or any time before 11:59pm on day x? For example I've heard of a property management company that stipulates "rent is due on the first of each month" but if the rent is not received by the time the office has opened on that day tenant gets a late rent charge and a nasty phone call at 9am. </p>

<p>In general, the words "due on" take on their ordinary meaning - that is, that the performance of a contract is required <em>on or before</em> the date specified.</p>

<p>If it is not specified in the contract, a court will look to what is reasonable in the circumstances. For instance, if payment is due to a company that trades 24 hours a day including the day payment was due, then payment up until midnight may be found acceptable.</p>

<p>However, if it is not known to the person making the payment that the business has such extended hours, and <em>especially</em> if it is known that the business has normal hours, then payment after close of business would likely <em>not</em> be reasonable.</p>

<p>To your question, and having reviewed some Canadian residential rent legislation, although none define <em>due on</em> specifically - and I would not expect them to do so - most have clauses which provide for termination, and they only refer to serving notice either a certain number of days <em>after</em> rent falls due, or <em>the day after</em> rent falls due.</p>

<p>This would tend to support my assertion that rent is payable <em>on or before</em> the specified date, <em>unless the contract says otherwise</em>, in line with the above considerations.</p>

<p>NB: While rent is usually payable <em>in advance</em>, this simply means that you are paying for the occupancy during that follows, or substantially follows, rather than the period that has elapsed.</p>

<p>If a contract has a due date it means on or before that day. If it does not specify a time it means before 11:59:59.99PM on <em>that</em> day.</p>

<p>For you real estate manager rents are usually payable in <em>advance</em>. For a monthly rent this means it must be paid <em>before</em> the month starts. The due date is therefore not the 1st but the 28th, 29th, 30th or 31st (as the case may be) of the month before and the manager is being vigilant in the owners interests.</p>
