can you be charged a late fee if the due date is a holiday? (renters) - San Jose - California (CA) - City-Data Forum

cpudinski · 07-08-2010, 01:32 AM

Can a landlord charge a late fee if the last day to receive the rent before late fees are assesed is a holiday and no mail is received? There are no drop boxes and we are required to mail the rent. If the rent is due on the 1st but not late until the 6th, and the 5th is a weekend or a holiday can they legally charge a late fee.

Ive gone to the office after receiving a 3 day notice trying to find out why the late charge and am told that since they did not post it on the 5th it was late. How is it my fault if they received it but did not post it until the 6th or 7th.

Also, according to my ledger, there were some months it was posted on the 10th, 14th, 8th, and 7th. No late charge there. I talked to my property manager last month because i had mailed it out in time but they did not post it in time and i was given a ledger stating that my rent was paid on the 8th even though it was paid on the 5th and there was no late charge listed. i get a 3 day notice on the 24th stating i still owe late charges for several months previous.

This month i mailed my payment on the 2nd, the day i was paid. The 3rd and 4th were a weekend and the 5th the holiday was observed and no mail was delivered. Im required to pay by money order due to a late rent in January and not because of a returned check. We also must mail the rent as there is no one to collect it or a drop box anywhere.

Another question is can they use a rent payment to pay for a late fee from a previous month? I put on my money orders that it is for that months rent.

My rent is 1295.00 a month and the late fee is $75.

bettebup47 · 07-08-2010, 06:18 PM

Quote:

Originally Posted by cpudinski

Can a landlord charge a late fee if the last day to receive the rent before late fees are assesed is a holiday and no mail is received? There are no drop boxes and we are required to mail the rent. If the rent is due on the 1st but not late until the 6th, and the 5th is a weekend or a holiday can they legally charge a late fee.

Ive gone to the office after receiving a 3 day notice trying to find out why the late charge and am told that since they did not post it on the 5th it was late. How is it my fault if they received it but did not post it until the 6th or 7th.

Also, according to my ledger, there were some months it was posted on the 10th, 14th, 8th, and 7th. No late charge there. I talked to my property manager last month because i had mailed it out in time but they did not post it in time and i was given a ledger stating that my rent was paid on the 8th even though it was paid on the 5th and there was no late charge listed. i get a 3 day notice on the 24th stating i still owe late charges for several months previous.

This month i mailed my payment on the 2nd, the day i was paid. The 3rd and 4th were a weekend and the 5th the holiday was observed and no mail was delivered. Im required to pay by money order due to a late rent in January and not because of a returned check. We also must mail the rent as there is no one to collect it or a drop box anywhere.

Another question is can they use a rent payment to pay for a late fee from a previous month? I put on my money orders that it is for that months rent.

My rent is 1295.00 a month and the late fee is $75.

Hi there- Geez, I'm exhausted just reading this. How do you get by each month? I would hate dealing with all of this. There's got to be a better way to get your rent in to the appropriate place minus all the close calls each month.

Is this the only solution? Mailing, I mean? If the rent is due on the 1st and you get it to them before the 6th, it's their problem when they post it. My rent gets paid on the 1st and never deposited until the 10th. Granted my landlord lives next door and getting it to him is no problem but still.........when he deposits it is his problem, not mine, once I give it to him.

Maybe there is a way that you can show when it was mailed to cancel out the late fees. I would not pay late fees and I believe they can not take it out of a rent payment. They'd have to evict you or demand payment separate of the rent, I believe. Call an attorney and find out what can be done about this rent payment set up. Seems that anyone in this situation is destined to be late month after month. Find out what your rights are from a true source. Then MOVE. That is not a normal set up by any means.

easybay · 07-08-2010, 07:12 PM

I would say yes, you are at fault and will have to pay even with the holiday.

Your Landlord will tell you that your rent is DUE on the 1st. The extra days grace period is a courtesy to you, and if they don't have it by the 6th then you are at fault regardless of the holiday.

I gave my landlord 1 year of post-dated checks to avoid late fees and concern about mail delivery.

SickOfCalifornia · 07-08-2010, 09:29 PM

Yeah, I agree - rent is due on the 1st. You should have had it there on the first, not on the fourth, or fifth. Your landlord doesn't care what day you get paid, nor should he. Why would you push it so many months past the due date? Do you pay your other bills this way? When you get a credit card that says due the 15h, do you try and only pay on the 15th? Be responsible and pay your bills on time and you won't have this problem.

nmnita · 07-09-2010, 08:08 AM

Quote:

Originally Posted by SickOfCalifornia

Yeah, I agree - rent is due on the 1st. You should have had it there on the first, not on the fourth, or fifth. Your landlord doesn't care what day you get paid, nor should he. Why would you push it so many months past the due date? Do you pay your other bills this way? When you get a credit card that says due the 15h, do you try and only pay on the 15th? Be responsible and pay your bills on time and you won't have this problem.

And I agree, I would like to tell our morgage holder, because we depend on SS and the checks comes at different times each month we want a bigger grace period. We allow for our payemnt out of the check a month before, that way we are covered. We have done this with many of our bills. The due date is exactly that..

I am sure this isn't what the poster had hoped to hear, but it is the case. All payments are due on the day they say they are due, grace periods are nice, but it doesn't mean we should use them.

Nita

easybay · 07-09-2010, 09:42 AM

Thinking more about this - Since rent is due on the 1st - the grace period is intended for when the 1st of the month falls on a holiday - not the grace day landing on a holiday. So you are late and will have to pay the late fee.

telecomprovisioner · 07-09-2010, 03:50 PM

Our renters have set up a direct deposit. Is this an option for you?
Even with that set-up, there was one time the check was posted late by a few days. We didn't charge them any lates fees, since they are excellent renters.

Most landlords (that I know) allow the occasional late "by a few days" provided they are good, long-term renters.

bigdumbgod · 07-09-2010, 04:27 PM

Quote:

Originally Posted by telecomprovisioner

Our renters have set up a direct deposit. Is this an option for you?

Should be. Paying online would be a lot easier than all this pieces-of-paper shenanegins.
And the day it's due is exactly what the lease/agreement says, including provisions for weekends and holidays. If it's late after the fifth, it's ultimately due on the fifth. If they prefer the first then that's preferable, but not absolute.