Nope. Not without modifying your lease, which I suggest that you do.

Mary,

Why? If you wrote it in your lease you must have watned to allow it. No limit.

I HIGHLY suggest you eliminate the grace period for the exact reason you mentioned - they pay on the 5th.

Back when we had 88 homes I gave everyone a letter with 60 days notice we were eliminating the grace period. Not a single person complained or even commented. They simply paid.

Check your state law. You might be required by state law to give a grace period. In Oregon, I can't charge a late fee until day 5, which pretty effectively makes 4 days a grace period by state law.

Other than that, at lease turn over change your lease to limit days in the grace period (as allowed by law) or increase the late fee (again, as allowed by your state law)

You might try sending a notice to the tenant that even though you can't charge a late fee during the 5 day grace period, the rent is late if it isn't in your hand on the first and at whatever point that he moves out and wants a landlord reference, you will have to report that he has paid the rent late every month.

Depending upon how good he is otherwise, you might consider just non-renewing him because he is giving you stress. The stress he gives you must be compensated somehow: extra good care of the house, easy to get along with, no complaints from the neighbors, something to make you want to keep him even though he gives you stress.

You might also ask why rent is always paid on the 5th. Maybe his paycheck (Social Security?) doesn't arrive until the 5th. Maye something could be worked out with that. I have tenants who don't have rent due on the first. I don't care what date it is due as long as it isn't late.

We have to give 5 days in SC, but we are also allowed to give an "early payment discount" if paid on the 1st. I do both.

On the 5th of every month you can hear SC tenants singing louder than in church "Amazing Grace, how sweet the sound".

When I started, I used five days. It was taken advantage of.

I tightened it up to three days. That was taken advantage of, also.

Now, I use my state's minimum: due on the first, late after the second.

I had a 10-day grace period and people paid on the 10th. I had a 5-day grace period and people paid on the 5th.

Now my lease says rent is due ON or BEFORE the due date, and that there is NO grace period.

I also say a late fee is due if not paid by the 5th - that is unfortunately state law :( - but acceptance of the late fee does not stop the landlord from filing for eviction for BREACH OF LEASE: Failure To Pay Rent When Due, and that Tenant accepts that the lease provides notice of that consequence.

I try my best to find a tenant who will honor the due date of their rental payment. But with over 100 tenants I simply keep a record as to when each tenant can and will make payment. Some are by the 25th of the month before. Some are on the 1st while others straggle between the 2nd and 5th of the month. After that, a late fee is assessed.