landlord wants to charge late fee?

Question

My rent is due on the 1st of the month, i mail it out on the first of the month but my landlord is trying to charge me a late fee because his bank doesn't clear it until after that. Can he due that if i sent it on the day it was due? If not where can I find the legal info on this? I live in california if that makes a difference.

Answer 1

I am going through the same thing just a little different scenario. I did not pay my rent on purpose because I was having issues with my landlord. I plan to terminate my lease early because the problems have not been solved. I did find out that I should always keep paying the rent even if I think I am in the right. The landlord sent me an e mail stating I owed for the month of August plus late fees of $100. This morning I was doing some research about the legal issues of a lease. I came across a site called California Tenant law. The first thing I saw was a link that stated Late fee's are illegal. It goes to state that the $100 or whatever your landlord charges is more than what is actually spent trying to get the rent money. The site goes into more detail. If you want to check it out for yourself just google in California tenant law. Oh and by the way it says it is illegal even if it is written up in your lease agreement.

Answer 2

Your lease would normally include the method of delivery/payment arrangement for the rent. You should follow that method. If the landlord has always come by in the past to pick it up, and that is your arrangement, he/she can't just change it all of a sudden. But if you've always mailed past cheques, then you can't suddenly change the arrangement either. You should check with your state or provincial landlord/tenant authority, and your lease, to see if it is legal to charge you a late fee. This seems like a petty dispute...I recommend that you do what you can to keep the relationship on good terms. You never know when you will need a favour with paying the rent a couple of days late, or a positive reference for your next landlord.

Answer 3

Look at the language of your lease. Some stipulate that rent has to be mailed and postmarked by a certain date, or delivered to a person or location by a certain date in order to not incur a late fee. If the mail was slow and your check didn't get to the landlord until after the due date, then you owe the late fee.

Your landlord has the same requirements in paying his/her mortgage.

Answer 4

Sorry to say, but you are actually paying it late. When it is due on the first, it has to be in the hand of who you are paying it to by the first, not in the mail by the first.

Now, if it is a check, for example, and you get it to them by the first, that is considered on time, although they do not actually have the MONEY yet. How long it takes to clear their bank is not the issue, it is whether or not they have the "payment" in hand by the specified date.

Another caveat is if your check bounces. If that is the case, then it is late too, because they have no way of getting funds from a bad check.

It would be best to cover your bases a bit better by either putting it in the mail a few days earlier or hand delivering it on the first. Also, as another person mentioned, you should check your lease to see if there is a grace period.

Answer 5

So lets say the first is on Sunday, it is really in the mail on Monday the second average time for delivery 3-4 days that puts you on the 5th to 6th even with a grace period late, then 3-5 days to clear. Not all places have a grace period either. Should be in his hand the day it is due not in the mail. Would you be happy if you where told we mailed your paycheck on the day your pay was due, sorry you did not get it the same day, same thing

Answer 6

You may want to review your lease, but if it states a late fee can be charged if rent is not paid by the first, then that is binding. Typically, rent due by the first means rent must be received by the first - not mailed by the first. Your landlord probably does not receive your rent for a few days after you mail it.

Answer 7

Wait, you mail in your payment?

Your LL should have some kind of onsite drop off point.

Is charging the late fee becuase he gets the checks after the first or because of how long it takes the bank to clear the check?

The only way he could charge you a late fee would be if he recieves the check after the due date. His bank processing speed is his own issue.

I'd suggest that you start mailing your check on the 29th of the month!

Answer 8

The rent is due in the landlord's hands on the 1st. If you mail it in, mail early enough that it arrives by the 1st. If you mail it on the first it will be late unless you have a written agreement that states that it's on time of postmarked by the 1st. Even then, you'd want to mail it no later than the day before the 1st to ensure that it's postmarked no later than the 1st.

Answer 9

with the due date of the 1st, your payment must be received no later than the 1st or you can be charged a late fee... a due date is not when you have to mail it by, but the latest date you can get the payment in landlords hands....if you can prove that he has it in his hands on or before the 1st then he has no right to charge a late fee... the time it takes to clear the bank is his problem...if you hand him a check on the 1st and he doesnt get money from the bank until the 3rd he cant charge you a late fee...... but if you mail it on the 1st and he doesnt get it until the 3rd he can

Answer 10

When his bank clears it should not matter.
However, it has to be received or delivered when it is due. Mail is not delivered the same day as it is sent, so if you sent it by mail on the day it was due, it would have arrived late. You have to either send it early, to allow for enough time for the mail, or deliver it in person. The need to send early, to allow time for mail delivery, applies to credit cards, utility bills, and most other things. Income taxes are almost the only thing that is considered on time if mailed on time and delivered after the due date.