Mailed rent on time but considered late (fee, landlord, payment)
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My lease has the postmark requirement. Rent has to be postmarked by the 1st, no grace period. I've never been late, so I don't know, but I guess if the postmark was for a later date, LL would be able to apply late fees, right?
If the landlord sets a payment criteria such as mailed payment must be postmarked by the 1st of the month, they essentially waivered their right to collect late fees if the payment is received after the grace period. When you set a standard of duty which is the rent payment being mailed and postmarked by X date, you have created a waiver of when received for that form of payment.
In this case, the landlord was better off shutting their mouth and not giving the tenant WRITTEN payment instructions and standards IN THE LEASE, and had just made the postmark issue an internal matter. No judge will enforce a late payment if a tenant followed the landlord's instruction and had a check mailed and postmarked according to the landlord’s instruction and for whatever reason outside the tenant control, the landlord didn’t get it by a certain date.
I agree.
I see so many posts made by landlords and property managers that make me think they must fancy themselves king, or something. It's really quite appalling. It's like they can't get real leadership jobs and take out their frustrations on the little guy. I haven't had a personal experience with them, and granted they probably have to deal with more disgusting tenants than good ones. Definitely not a job I would want. Herding cats comes to mind. But a postmark should be good enough unless the lease clearly states it isn't.
I see so many posts made by landlords and property managers that make me think they must fancy themselves king, or something. It's really quite appalling. It's like they can't get real leadership jobs and take out their frustrations on the little guy. I haven't had a personal experience with them, and granted they probably have to deal with more disgusting tenants than good ones. Definitely not a job I would want. Herding cats comes to mind. But a postmark should be good enough unless the lease clearly states it isn't.
Exactly - if the lease says it's due on the 1st, with proof being it postmarked on that date, then mailed on the 1st is appropriate. I don't know why anyone in this thread is saying otherwise.
This is why I like billpay. The proof of when it was mailed is right there in my bank account.
I pay my rent online on the property website. I use a debit card attached to my checking account. I get an immediate online receipt, but the money doesn't come out of my bank account for 3 or 4 days. I assume the date on the immediate receipt would be my proof I paid on time.
What I don't get is the landlords who act like they're going to ruin someone's life. But again, I don't have to deal with collecting rent, so maybe they just feel the need to take it out on everyone because a few apples are bad.
All the landlord chest thumping is quite off-putting.
I pay my rent online on the property website. I use a debit card attached to my checking account. I get an immediate online receipt, but the money doesn't come out of my bank account for 3 or 4 days. I assume the date on the immediate receipt would be my proof I paid on time.
What I don't get is the landlords who act like they're going to ruin someone's life. But again, I don't have to deal with collecting rent, so maybe they just feel the need to take it out on everyone because a few apples are bad.
All the landlord chest thumping is quite off-putting.
Exactly - once, the usps must have lost the check my bank mailed. Something happened, as my landlord never received it. She called me to ask what was up, I checked my bank account, emailed her a screenshot of where it showed the check was cut and mailed on so and so date. I had the bank reissue the bill payment. No late fee charged, no drama from either myself or the landlord. As far as we were both concerned, the date listed on the billpay site is the date that I paid. Neither of us can control the mail.
People seem to like to make things difficult!
On the flip side, if something small breaks in my house, I'm not running to the landlord demanding she immediately fix minor things. When the toilet clogged, I called roto-rooter and paid for it myself. After the hurricane, instead of calling her and demanding she send someone to take care of the downed trees, I gathered some friends and started cutting them up with a chainsaw.
Things go much more smoothly when people are reasonable with a little bit of flexibility!
I've received mail months late by looking at the postmark...
Even priority packages more than 30 days underway from the USPS.
I sent one to Austria for the holidays November 20th and it arrived December 22nd.
Clerk had coded it for Australia instead of Austria... address was large block print readable from across the room... a 5-7 day package traveled to Canada then to Australia, sat around for awhile then back to Canada and then back to San Francisco, then to Germany and finally to Austria...
A counter point on the Landlord's side of things...
My mortgage is charged a late fee after the 15th of the month... without fail, my check is always in the mail no later than the 5th and the it only travels two counties away to the processing center.
My Mortgage Lender said it arrived on the 16th and was unyielding in charging a late fee of $75... I was unhappy and paid it.
Shortly after I did a refi to a better rate and a small part of my decision is because others I know were having the same problem with the same lender.
Pay the $50. Yes, they are being jerks about it. But they can get worse and sue you in small claims court over the $50. If you lose, you might have to pay court costs. Worse, this would show up on public record, which could have a negative effect on future employment for you, and future rentals.
Sorry, but I am literally laughing out loud at the thought of going to court over $50. What a joke.
I'm a college student and I go to Purdue University in Indiana. I have an internship in Maryland so I am out of the state. I had rent due in June on the 3rd and mailed the check out on the 1st. I just got an email saying my rent was late and I owe a 50 dollar late fee because they received it on the 4th. I have never been late on paying my rent and I feel this is absolutely ridiculous since technically I can't control how long mail takes to travel.
Is there anything they can do to me if I refuse to pay the late fee?
Things to consider:
- I moved out of my house (handed over keys and parking pass)
- I have no security deposit. I was forced to pay a $150 "redecoration fee" which is not refunded.
- This was technically my last month of rent.
Thanks!
Sounds like your rent may have been due on the first, with late charges kicking in after a three day grace period. If so, technically, you were late when it was not received on the 1st.
That said, if you were never late before, they are jerks to ding you for this, IMO.
Sorry, but I am literally laughing out loud at the thought of going to court over $50. What a joke.
Seeing as how he no longer lives there and is in another state, I doubt they'll take him to court. If I'm the landlord, I got the rent, it was only one day late and I'm never going to see him again. I'd just let it go and forget about it.
My lease clearly stipulates that if the check is not received by the 4th, it is late, regardless of when you mailed it.
What does your lease say?
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