Paying Rent help

Faust · Wakeboarder.Commie Joined: 20 May 2005 Posts: 1496

I put my rent check for the month of March in the mail on February 28. The landlord didn't receive it until March 22. They are charging me a $50 late fee. Am I SOL? Thanks

mbuck · Wakeboarder.Commie Joined: 29 Dec 2004 Posts: 1629

I would think that you should be able to reference the post mark date on the envelope and there should be some compassion issued by the landlord.

Did he not call anytime in the delay???

ohsix · Posted: Apr 05, 2010 7:23 am Post subject:

Depends on what the contract says. Did they say when it was postmarked?

At my office, we receive an average of around 25 pieces of mail per day (at our P.O. Box) and send out around 500 pieces a month (meter stamped and left at the post office). I'd say 1 to 2 pieces sent to us as well as 1 to 2 pieces we send out get lost every month. Sometimes they show up months later. We hardly ever find out what happened.

arof · Posted: Apr 05, 2010 7:58 am Post subject:

Faust, I'd just tell them you're not paying it because you mailed it on the 28th.

I'd recommend writing post-dated cheques for the remainder of your lease (I'm surprised they didn't ask for this upfront).

Alter Ego · Posted: Apr 05, 2010 8:13 am Post subject:

I'm pretty sure in Canada there is a law that says regular mail postage date is the date of effectiveness - i remember learning that also included cheque payments, but I'm not sure.

not sure about the US but i would think since its contract law there may be something similar

churchy · Posted: Apr 05, 2010 8:16 am Post subject:

If I was the landlord, I would say that it had to be in my hands by XXX.. Hey may be relying on it for his mortgage payment. So, if you sent it by passanger pegion, etc., it doesn't do him much good.

Faust · Wakeboarder.Commie Joined: 20 May 2005 Posts: 1496

The only notice I received was a letter in the mail dated March 8th saying I was evicted (no reason given). I didn't get this letter until yesterday as I was out of town.

When I showed her this letter, she threw it away.

She also said she threw away the postmarked envelope.

So it is just her word that she received the check March 22 vs. my word that I sent it February 28 (with a copy of the check showing the date).

STPHNSN23 · Guest

so what's the lease say?

Faust · Wakeboarder.Commie Joined: 20 May 2005 Posts: 1496

I took over someone else's lease. I've asked for a copy of the lease from the landlord a few times and they say they'll put it in the mail, but they never have.

arof · Posted: Apr 05, 2010 10:18 am Post subject:

Faust, it seems to be just some person who you're renting from.

What I would do is tell her you put it in the mail on Feb 28, you're sorry she didn't receive it until March 22, but you're not going to pay the $50 fee because you did all you could do to ensure she got it on time.

Then I would give her post-dated cheques for the rest of your lease. If she wants to evict you over $50, you're probably better off with a better landlord anyways.