It doesn't make a difference when it comes to rent. The bank still has to mail a (certified) check and the management company can bitch about it getting there late as well.
This.
Also this is why I pay everything electronically. I haven't written a check in about a year.
If I was the OP I would never pay the late fee from a landlord if I sent the check within a reasonable time. Fight them to the bitter end. They won't take you to court because it'll cost them a lot more. And they know you pay your rent so it's not worth making a fuss. For them that $50 is just a nice lunch. Fuck 'em.
This is one of the advantages of renting in NYC. You have more rights than the landlords.
You're right. They won't take you to court. They also won't renew your lease. Nor will they forgive any nitpicky stuff when you move out. Nor will they provide good references.
There is no reason be a dick about your being late. What is a reasonable time? The rent is due on the 1st, and there is a 5 day buffer to accommodate delays. You shouldn't work to pay your rent on the 5th; you should attempt to pay it on the 1st. And, when you get it a week to make it there the 1st of the month, and it is delayed a bit, it isn't late.
But, apparently, that is a hard concept to grasp for some people.
Fact is, the OP paid his rent late. There is a time limit, specified within the lease signed by the OP.
Where's the OPs proof he paid. Guess who the burden of proof lies with?How do you know he paid it late? He mailed it within a reasonable time and the landlord claimed he/she got it late. Why accept one side and not the other? Like I said before, the landlord is making a big deal out of this so as not to set a precedent. That is all. They will back down (they always do). If they don't then shine a light on their business. There is a 100% probability that they are dirty somewhere.
Where's the OPs proof he paid. Guess who the burden of proof lies with?
Your grasp on reality is hilarious.
Obviously it (the burden) lies with the plaintiff, Einstein. The landlord has to provide evidence that he was late.
Do you enjoy moving every year? Be a dick to your landlord and the landlord can simply refuse to renew your lease. No drama, no court, just you moving again.
You don't prove something didn't happen, you prove something did.Obviously it (the burden) lies with the plaintiff, Einstein. The landlord has to provide evidence that he was late.
How do you know he paid it late?
The lease reads:
"...each monthly payment to be due in advance on the 1st day of each month....The subtenant must pay a late charge of $50 for each payment that is more than five (5) days late."
I mailed the rent in, postmarked before the late period.
It doesn't make a difference when it comes to rent. The bank still has to mail a (certified) check and the management company can bitch about it getting there late as well.
You don't prove something didn't happen, you prove something did.
I'm sure the landlord can easily prove he provided his end of the agreement, the apartment is there, tenant has access, etc. Can the tenant prove he provided his end, payment by a set time?
Because he admitted it...
So I take it when he said it was postmarked before the late period that it also meant it was postmarked after the due date which, by his own admission, is before the 1st day of each month.
Sure, there is a grace period, but the due date is before the first. So he mailed the rent late, plain and simple.
-KeithP
My bank mails nothing for my rent.
Nonsense. OP has no control once the check leaves his hand or the bank. snip
You know what a landlord enjoys more? Money. They will never kick out someone who pays within a reasonable amount of time. I'm also low-maintenance so I've never asked for anything. However, if I feel wronged I won't back down. When I was renting I setup an automatic payment for the 1st or 3rd. The check had to be there on the 1st but I had until the 10th. So, theoretically, I was always "late". But I never had an issue except that one time. After I spoke to the management company, they slithered back into their hole and things returned to normal. I stayed there for 3 years.
The landlord claimed he got the check late, not that he did not get it at all. So, the landlord would have to show the envelope, which would show the dates when the post office received and delivered it. That should be enough to settle the matter.
Grace period is all that matters. Due date means little in this argument. Even if there was no grace period and only a due date, if he mailed it before then then that should settle things on his end. It's not his problem if USPS is unreliable. If it becomes a habit then it's another story.
They used to mail a check, AFAIK.
Except it doesn't, because this doesn't exist for normal mail. Also, the tenant doesn't posses this, the landlord does. OP chose a delivery method with no verification, there's no receipt.The landlord claimed he got the check late, not that he did not get it at all. So, the landlord would have to show the envelope, which would show the dates when the post office received and delivered it. That should be enough to settle the matter.
Except it doesn't, because this doesn't exist for normal mail. Also, the tenant doesn't posses this, the landlord does. OP chose a delivery method with no verification, there's no receipt.
This is kind of OK when everything works but when it doesn't he's liable not the landlord.
Just be glad you don't rent one of my houses. I'd have no problem kicking you out. It's not worth the money to put up with douchebags.
Rent is due on the 1st it's not a hard concept. We've heard every lie and excuse from tenants. We don't get to pay our bills whenever we want. Many landlord will start evictions on the 6th. It's going to be 30 days before we can get a court date and another 30 before the sheriff will kick them out
Just be glad you don't rent one of my houses. I'd have no problem kicking you out. It's not worth the money to put up with douchebags.
Rent is due on the 1st it's not a hard concept. We've heard every lie and excuse from tenants. We don't get to pay our bills whenever we want. Many landlord will start evictions on the 6th. It's going to be 30 days before we can get a court date and another 30 before the sheriff will kick them out
Except it doesn't, because this doesn't exist for normal mail. Also, the tenant doesn't posses this, the landlord does. OP chose a delivery method with no verification, there's no receipt.
This is kind of OK when everything works but when it doesn't he's liable not the landlord.
This this and all of this. Glad another landlord chimed in with some sense in this thread. I would like those who agree that rent can be paid late to try the same thing with utility payments, credit card, mortgage etc... The bank/vendor/utility etc... will slap a late fee if payment is not received by a certain date. This postmark excuse bullshit only works with the IRS and I can't think of anyone else who would accept it.
I mean c'mon all of you: "The check is in the mail" is one of the oldest excuses in the book. Payment is due when it is due and that's final. There is no room for interpretation here.