Is Late Rent The Fault Of the Post Office or Tenant

[blackhawk]

My tenants pay their rent late every month but within the 3day grace period except for this month.

It is now 14 Jan and we still have not received January’s rent. They state they mailed it on 29 Dec. They are telling me that in the future they are going to get receipt from the post office.
I tell them that it is still their responsibility to get the rent to me on time. Am I legally correct that regardless of when they mailed it they have to get the rent to me by the first?
The due date and late fee is all stipulated in our rental agreement.
Thank you
BH

[panther10758]

It is your tenants responsibilty to get rent to you on time! If they realize mail is a problem they should mail it sooner.

[aaron]

Have you been checking the postmark?

If they were my tenant I would serve a notice to quit for nonpayment, and if the rent didn't come expeditiously I would file an eviction action. It's not that I would want to be mean, but I've heard this type of story (more than) one time too often.

[blackhawk]

Thank you for the replies. I thought I was correct. That is it their responsbility to get the rent to me on time.
FYI My tenants have deposit envelopes and deposit slips for my bank. Per our contract they are to mail it directly to my bank.
I sent them a 5-day pay or quit and they paid cash two days later.

[panther10758]

Thats good what are terms of lease? Is it a month to month or longer? If its month to month you can give them a 30 or 60 days notice to leave if you no longer wish to deal with late rent. Now that does mean Apartment will be empty until new renter is found but it is an option

[blackhawk]

It is a one year lease. They have paid but are arguing about paying the late fee.

I would like them to leave.

[panther10758]

If they are late paying on rent then they have broken lease and you can begin eviction process. I would first ask them to vacate. Consult with an Attorney who works in Landlord/Tenant disputes to make sure you handle this right

[blackhawk]

Roger that
Thanks