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Rent was due on 1/1/11. I postmarked it 12/29/10 but it wasn't delivered by USPS until the 3rd. Can she charge me for 3 days?
Anonymous2 views2 answers
So, she wants to charge me for 1/1, 1/2 and 1/3. But, there is no proof she did not get it on time. AND, December's rent, which se received at the end of November, was not even cashed until January 3rd and the LL excuse is that she had been sick. She always waits until the end of the month to cash the rent check so I have all that money sitting in my acct for a month. I guess that part is ok with the law but rounding up:
- Can she charge me for late payment even though the check was postmarked 12/29?
- Can the LL cashed December's rent in January even though she has had that check since late November without been in fault?
Thank you very much!
From a larger perspective it is not worth your time to quibble over this. You would need to take the lease to an attorney who handles landlord tenant matters to determine what her remedy is and what your liability will be. However, again, it is not worth quibbling over and if you continue to pay the rent on or before the first simply ignore any comments about getting the check late.
I truly wish you the best.
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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.
Whether the landlord can charge you a late charge depends on whether you have a written lease agreement specifying the conditions when a late charge is warranted. A landlord can charge a late fee to a tenant who doesn't pay rent on time. However, a landlord can do this only if the lease or rental agreement contains a late fee provision. In some communities, late fees are limited by local rent control ordinances. Are you subject to San Francisco's Ordinance?
Your question also does not indicate the amount of the late charge. Late fees must be reasonably related to the costs that your landlord faces as a result of your rent payment being late. A properly set late fee is legally valid. However, a late fee that is so high that it amounts to a penalty is not legally valid.
It is odd that your landlord waits a month before cashing a rent check.
