Results 1 to 4 of 4
  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Default Late Rent Payment, Mailed But Not Received By Landlord, in California

    Hi,
    I mailed my rent check on the 4th - it usually arrives in one day, but this time it didn't. Now my landlord is saying it's late (after almost three years of never being late she's making a point - nice ladie.) because she didn't get it by the 5th.

    Any rights on my side? If your rent gets lost in the mail for example, is it still your fault?
    thanks

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Late Payment - Mailed But Not Received By Landlord On The 5th - California

    This is what I'd do - give her a replacement check now - the 6th. Tell her not to cash the check that comes in the mail and to keep it for you... then you can show her it was postmarked before the due date and therefore you should not owe her any late fee. Keep the un-cashed check in the sealed envelope in case she actually decides to waste your time and her money on taking you to small claims court.

    Tell her IF the check was actually lost and not just delayed by the post office then you will pay her the late fee on the 10th. She should not be punished for your payment being lost. Just check your lease to make sure of the amount due.

    This is not based on any laws - just my own common sense approach.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Late Payment - Mailed But Not Received By Landlord On The 5th - California

    What, if anything, does your lease say about how rent is to be paid to your landlord?

  4. #4
    Join Date
    Apr 2008
    Posts
    2

    Default Re: Late Rent Payment, Mailed But Not Received By Landlord, in California

    it just says rent is due on the 5th and will be considered late if it's not received by the 5th. Anyways, she's a bit of wench so if she doesn't let it slide, I'll tell her she gets the late fee when she installs the blinds that need replacing. It's been two months since I asked...I might decide to replace them myself and bill her, as is my right after 30 days.

    1. Sponsored Links
       

Similar Threads

  1. Rental Agreements: Consistently Late Payment of Rent
    By charlenesolan in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 08-26-2011, 04:48 PM
  2. Rent and Utilities: $600 Legal Fee and $50 Late Fee for 10 Day Late Rent Payment
    By duntuk in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 11-16-2010, 02:36 PM
  3. Rent and Utilities: Late Fees for Non Late Rent, Water Bill Payment Applied to Late Fees
    By cwhite in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-10-2010, 09:07 AM
  4. Getting Fired: Terminated for Being Late on Rent Payment
    By armymom in forum Employment and Labor
    Replies: 4
    Last Post: 05-19-2010, 02:31 AM
  5. Rent and Utilities: Landlord Claiming Missed Rent Payment and Late Fees
    By DMG1 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 12-12-2006, 06:01 PM
 
 
Sponsored Links

Legal Help, Information and Resources