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Old 07-18-2017, 10:36 AM
 
3,461 posts, read 4,702,236 times
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Quote:
Originally Posted by spencgr View Post
If you paid $23, you paid for tracking. Did you lose the tracking #?
They did pay for guaranteed delivery ($23) by a specific date however, the PO never did send it guaranteed as they promised so OP ended up paying the late rent fee ($35) because of this. I am just hoping that the OP got their $23 back and gave the PO a few choice words for it costing them a $35 late fee. (this part was my last question to the OP which they have not yet responded to.)
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Old 07-18-2017, 10:37 PM
 
Location: North Idaho
32,643 posts, read 48,015,234 times
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Quote:
Originally Posted by SN Cali View Post
Yes I paid $23 at the post office that is why it was guaranteed to arrive on the following Monday .........
For $23 dollars, I would have driven over and hand delivered it. Unless your rent has to be mailed across the country to be paid, delivering it in person would have been cheaper and you would have known it got there on time.
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Old 07-18-2017, 10:53 PM
 
13,131 posts, read 20,984,674 times
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Quote:
Originally Posted by SN Cali View Post
Yes I paid $23 at the post office that is why it was guaranteed to arrive on the following Monday the 5th (not 4th sorry type po). The management office didn't have proof not even the envelope. The post office didn't register the delivery. So I paid the $35 anyways. On Social Security the money arrives after the 1st. On a low income bracket just so you know I can't pay early. BTW my rent takes 4/5 of my income. On cheap rent considering the place is San Diego.
Question, in what manner does the lease say is available for you to pay rent? Can you pay in person or must it be mailed?
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Old 07-19-2017, 01:33 AM
 
3,461 posts, read 4,702,236 times
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Quote:
Originally Posted by Rabrrita View Post
Question, in what manner does the lease say is available for you to pay rent? Can you pay in person or must it be mailed?
Quote:
Originally Posted by oregonwoodsmoke View Post
For $23 dollars, I would have driven over and hand delivered it. Unless your rent has to be mailed across the country to be paid, delivering it in person would have been cheaper and you would have known it got there on time.
Answers:
Quote:
Originally Posted by SN Cali View Post
Now I was on vacation in Ohio and I mail the rent money order out on Friday the 2nd in the morning at the Post Office. The clerk guaranteed it to arrive in Ca on the 4th in which the management company allowed. He tells a month later without proof that he didnt recieve it until the 7th. Now charging me late fee of $35.
SN Cali was on vacation in OH and rent was going to CA as shown above from post dated July 3rd. As the post below dated July 17th indicates, SN Cali found out that the PO never did send it guaranteed as SN Cali had paid the PO to do therefore SN Cali ended up having to pay the late rent fee.

Quote:
Originally Posted by SN Cali View Post
Yes I paid $23 at the post office that is why it was guaranteed to arrive on the following Monday the 5th (not 4th sorry type po). The management office didn't have proof not even the envelope. The post office didn't register the delivery. So I paid the $35 anyways. On Social Security the money arrives after the 1st. On a low income bracket just so you know I can't pay early. BTW my rent takes 4/5 of my income. On cheap rent considering the place is San Diego.
Signed: Abbott and Costello
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Old 07-20-2017, 10:13 PM
 
13,131 posts, read 20,984,674 times
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Quote:
Originally Posted by Corn-fused View Post
SN Cali was on vacation in OH and rent was going to CA as shown above from post dated July 3rd. As the post below dated July 17th indicates, SN Cali found out that the PO never did send it guaranteed as SN Cali had paid the PO to do therefore SN Cali ended up having to pay the late rent fee.
In their state, the default payment option is In Person, followed by US Mail followed by Other. If the lease does not specify any In Person option, by that sate's law, if the sender has proof of mailing (regardless when it arrives) the Postmark Date on the proof of mailing is considered the legal date payment was paid (providing the payment instrument is real) and the landlord must - by law - accept that rent was paid on the date of that postmarked receipt. If the US Postal Service messes up and it arrives 3 weeks late, under the law it is considered paid on the Postmarked Date. However, if the lease has an In Person option, that renders the US Mail option secondary and the courts will only accept it as being paid using the Postmarked Date if mailed with a delivery date slated to be on or before the actual due date. This provision isn't widely known by tenants but Judges know it.
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Old 07-21-2017, 07:13 PM
 
3,461 posts, read 4,702,236 times
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Quote:
Originally Posted by Rabrrita View Post
In their state, the default payment option is In Person, followed by US Mail followed by Other. If the lease does not specify any In Person option, by that sate's law, if the sender has proof of mailing (regardless when it arrives) the Postmark Date on the proof of mailing is considered the legal date payment was paid (providing the payment instrument is real) and the landlord must - by law - accept that rent was paid on the date of that postmarked receipt. If the US Postal Service messes up and it arrives 3 weeks late, under the law it is considered paid on the Postmarked Date. However, if the lease has an In Person option, that renders the US Mail option secondary and the courts will only accept it as being paid using the Postmarked Date if mailed with a delivery date slated to be on or before the actual due date. This provision isn't widely known by tenants but Judges know it.
Good to know! Then this might be to SN Cali's advantage. Normally they pay in person but due to being on vacation they mailed it on the 2nd to arrive by the 5th. So even though the USPS never did send it guaranteed then it would still go by the postmark date which would have definitely been prior to the 5th.

I hope SN Cali sees this and can get his late fee back. Even if the LL didn't save the envelope with the postmark date on it I would think that SN Cali could prove it was mailed/postmarked on the 2nd, or the 3rd at the latest, just by having his receipt that he was at the P.O. on the 2nd "trying" to mail it guaranteed. Either way it went it would have been postmarked that day or the next.
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Old 07-21-2017, 10:44 PM
 
13,131 posts, read 20,984,674 times
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Quote:
Originally Posted by Corn-fused View Post
Good to know! Then this might be to SN Cali's advantage. Normally they pay in person but due to being on vacation they mailed it on the 2nd to arrive by the 5th. So even though the USPS never did send it guaranteed then it would still go by the postmark date which would have definitely been prior to the 5th.

I hope SN Cali sees this and can get his late fee back. Even if the LL didn't save the envelope with the postmark date on it I would think that SN Cali could prove it was mailed/postmarked on the 2nd, or the 3rd at the latest, just by having his receipt that he was at the P.O. on the 2nd "trying" to mail it guaranteed. Either way it went it would have been postmarked that day or the next.
This only applies if there is NO In-Person option such as a management office, landlord address, or other place within reasonable distance of the unit that a person and physically drop off payment (or that location was closed during normal business hours). If that option exist, it becomes the superior option and the USPS isn't available. I'm not sure the law actually provides for mail option over in-person when away, but I think the courts have been allowing it in that situation. But even the postmark has a gotcha'. The payment had to have been mailed on or before the due date written in the lease. If it was mailed after the written due date in the lease (again not within the grace period), I'm pretty sure judges have been saying it's late.
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Old 07-22-2017, 08:43 AM
 
539 posts, read 566,617 times
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Who legitimately expects mail to be sent across the states and delivered in recipient's box in "less than" 2 business days, regardless of how much you paid to have it shipped there. The dollar amount you pay has nothing to do with the flight and truck and boat and train (do they still use trains?) schedules. Im surprised no one has said this. Yes that's what you paid for, but i mail something into the same small town im at, and due to the routes it has to take, arrives in 2 to 3 business days. In the same town. Unless third party carriers are used, how can one reasonably expect an important piece of mail to arrive on the other side of the country in less time than that? Imagine how many other mail terminals that one piece must pass through. I'm sure there must be some form of contract that was signed when agreeing to pay for this speedy service.

I say pay for both the mail and the late fee. Its called not having your life together.

I get it, the customer paid for that speedy service, but is common sense not required anymore? Inquiring to send important mail last minute as it was without attempting beforehand. What could have gone wrong?
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Old 07-22-2017, 09:13 AM
 
Location: Saint John, IN
11,582 posts, read 6,733,435 times
Reputation: 14786
If mailing out a payment rule of thumb is to allow for 5 business days.
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Old 07-22-2020, 07:15 AM
 
8 posts, read 5,812 times
Reputation: 10
In this case the postal service was delayed by almost 18 days.
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