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I paid my rent on the first of April. After submitting it in person, I realized I had gotten confused about the month and had written "May rent" on both the envelope and the check itself. I emailed the landlord immediately to inform him of this (on April 1st).
On April 7th I received an email stating that the check had been dated 5/1/2014 and that I should submit a new check. I did so immediately. Now my landlord is demanding late fees for the check being 7 days late. Do I have to pay these?
I feel I shouldn't be penalized for the 7 days that it took the landlord to inform me of the issue. My thought process is that if this policy is legal, then there is nothing to stop the landlord from sitting around for 30 or so days before informing me of the issue and then demanding 30 days worth of late fees (or 364 days if I had written the wrong year). Thoughts?
Edit: I did not realize the dating issue until he informed me of it on April 7th.
Last edited by Planner15; 04-17-2014 at 07:51 PM..
Almost every bank will cash a check regardless of the date written on it. If the bank had refused the check, he could charge you a late fee. If he didn't bother trying to cash the check, no, you shouldn't owe a late fee. Call your bank and make sure they don't have a policy against cashing a post-dated check.
Send the LL a copy of the email you sent him on April 1st and advise him that since you advised him immediately of the error you made, you feel under no obligation to pay a late fee and you're sure he'll agree.
Did you actually date the check 5/1/14, or did you just write "May Rent" in the notes? Nothing in the "notes" area should ever preclude the bank from cashing the check.
The LL really had no right to demand a second check because of what was written in the notes. Now, if the date was actually pre-dated, I see him asking for another check, but since you provided it immediately, I would fight the penalty.
Almost every bank will cash a check regardless of the date written on it. If the bank had refused the check, he could charge you a late fee. If he didn't bother trying to cash the check, no, you shouldn't owe a late fee. Call your bank and make sure they don't have a policy against cashing a post-dated check.
Would it be my bank that I have to call or his? Not too sure how these things work.
Quote:
Originally Posted by spencgr
Did you actually date the check 5/1/14, or did you just write "May Rent" in the notes? Nothing in the "notes" area should ever preclude the bank from cashing the check.
The LL really had no right to demand a second check because of what was written in the notes. Now, if the date was actually pre-dated, I see him asking for another check, but since you provided it immediately, I would fight the penalty.
Unfortunately it was dated. An issue I didn't realize when I sent the email.
I think you might need to pay the late fee. You submitted the incorrect check on April 1st and informed your LL of that fact the same day; what prevented you from giving your LL a correct check before your grace period to not incur a late fee ended? Typically in most NJ leases, you have until the 5th of the month before it's considered late.
It's your responsibility to remit your rent payment on time; your LL doesn't need to send you a notice reminding you to send in payment before it's late. Furthermore, your situation is compounded by the fact that you seemed well aware your check wouldn't be accepted as payment for April, and you had ample time to correct the situation before it could be considered late.
Hopefully your LL can have some sympathy and let it slide, but if they insist upon the fee, you most likely will need to pony up, as the payment was late through no fault of the LL.
As a landlord, I would let it go for things like this BUT it really depends on the tenant. If there is a good relationship, a landlord should be somewhat flexible (doesn't have to but as a good gesture). The downside of being flexible is that some people with start taking advantage.
A check is good on the date you sign it, regardless of what date is written on it. Post/pre-dating checks is actually illegal. The check says: Pay to the order of.... It does not say, after the above date, pay....
Your landlord could have cashed the check; the bank - by law - should have accepted it.
As a landlord, I would let it go for things like this BUT it really depends on the tenant. If there is a good relationship, a landlord should be somewhat flexible (doesn't have to but as a good gesture). The downside of being flexible is that some people with start taking advantage.
This ^^^
Freaking nailed it.
I would also let something like that go. Honest mistakes I don't pound people for.
People make problems for themselves... WHY didn't you go in Person correct the date as soon as you relized Your Mistake?
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