Landlord refuses to honor 5day grace period mandated in NC law

[Michael York]

In North Carolina, General Statutes Chapter 42 'Landlord and Tenant' section 46, 'Authorized late fees and eviction fees', states the following:

"§ 42-46. Authorized late fees and eviction fees.

In all residential rental agreements in which a definite time for the payment of the rent is fixed, the parties may agree to a late fee not inconsistent with the provisions of this subsection, to be chargeable only if any rental payment is five days or more late."

Nonetheless, my landlord refuses to honor the law, specifically the portion of the law stating that a late payment is only chargeable if the rental payment is five days or more late. When I try to explain the law to her, she responds to me by either openly ridiculing me ("stop trying to be a punk*ss lawyer"), mocking me by repeating what I say to her in a condescending and spiteful manner, or by telling me that we "agreed" via the lease that rent was due on the first of the month. However, the law states that the parties to a rental agreement may not agree to a late fee inconsistent with the provisions of said law, so as far as I am concerned, that portion of my lease is unenforceable/invalid.

I am at a loss here. I have tried everything from politely explaining the law to her, printing off the entire subsection and highlighting the relevant portion and giving that to her, everything that I can think of to get the point across to her that she is disregarding NC state law, I have done. I am seeking advice for what I should do next. Any help would be greatly appreciated.

EDIT: For the five months I have lived in this property, I have paid rent on the 1st twice, the 2nd twice, and the 3rd once. Any time I did not pay on the 1st, a late fee of $5 a day was incurred.

Also, my landlord informed me today that everytime I do not pay rent on the 1st, she is reporting to the Credit Bureaus that I have paid my rent late, and it is negatively affecting my credit score.

[Jeff Kennedy]

Interesting discussion. 

Michael, are you stuck in a long term lease? Can you give 30 day notice and leave? I am always a fan of having two parties part ways when they don't see eye-to-eye. If you wish to pay rent on a day after the first, there are probably a lot of landlords that will allow that. Why would you want to put your time and energy into making your current landlord comply with your interpretation of the law? Life is short. Time is precious. Drama and conflict is undesirable. Not something I would spend my time on. 

Just my two cents...