Renting and lease...What is the correct interpretation of the lease?

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smackababy

Lifer
Oct 30, 2008
27,024
79
86
Well, there wouldn't be this problem if the silly landlords did accept credit/debit cards. You see, the utility firms accept those new form of payments and they get their money right away. ALso, a late fee is understandable. But, if you want a check then a check you will get. In the mail. Deal with it.

So, what you're proposing is that every landlord set up some kind of transaction management website to accept electronic payments? Good luck with that.

Perhaps, if there was some reasonably priced service that allowed this kind of stuff, it would gain traction in some places.
 

Dari

Lifer
Oct 25, 2002
17,134
38
91
So, what you're proposing is that every landlord set up some kind of transaction management website to accept electronic payments? Good luck with that.

Perhaps, if there was some reasonably priced service that allowed this kind of stuff, it would gain traction in some places.

Yes, it would. This is a business proposition if anyone wants to take up on it. Fact is, checks are anachronistic and so is the postal system. Landlords don't seem to understand that. But they are too cheap and greedy to take a hit in payment fees to have people pay by credit/debit cards. Fuck, they can make it a convenience fee. If I was still renting I'd jump on it.
 

fstime

Diamond Member
Jan 18, 2004
4,384
5
81
Law in my state is rent cannot be late until after the 10th of the month, regardless of what is in the lease. Maybe you have a similar state law?
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
Well, there wouldn't be this problem if the silly landlords did accept credit/debit cards. You see, the utility firms accept those new form of payments and they get their money right away. ALso, a late fee is understandable. But, if you want a check then a check you will get. In the mail. Deal with it.

Or you can send your rent in early and make sure it is there by the first and within the grace period. How hard is it? Your making this more difficult than it has to be.

One tenant asked if I could do a bank to bank transfer. Sure I said as long as I dont have to pay a fee for that. He paid his rent that way and I had no problem with it. Every first of the month, rent was in that account. Another tenant I am renting to right now has his bank write a check and that arrives early in the mail. The tenant likely has options to pay the landlord, I know my tenants do.
 

Dari

Lifer
Oct 25, 2002
17,134
38
91
Or you can send your rent in early and make sure it is there by the first and within the grace period. How hard is it? Your making this more difficult than it has to be.

One tenant asked if I could do a bank to bank transfer. Sure I said as long as I dont have to pay a fee for that. He paid his rent that way and I had no problem with it. Every first of the month, rent was in that account. Another tenant I am renting to right now has his bank write a check and that arrives early in the mail. The tenant likely has options to pay the landlord, I know my tenants do.

Banks writing checks does not guarantee on-time payment. I can attest to that. Also, when I was in college, as today, I took my finances seriously. So, that meant dealing with everything on the 1st of the month. I never gave a damn about the concerns of the landlord. He was getting his check after the first. If he had a problem with that he could go pound sand. He never complained because I paid my bill. But I'm not going to fuck up my bill payment schedule for the sake of one payee.
 

BurnItDwn

Lifer
Oct 10, 1999
26,127
1,604
126
The onus is on the person that owes the money.

Yes, once the person has made the effort to make the payment, then they have done their duty.

Anyhow, I think landlords should stop accepting paper checks at all, and should just request electronic payment which doesn't run any risk of being stuck in the mail, or they should collect in person or have a surrogate collect in person.
 

Dari

Lifer
Oct 25, 2002
17,134
38
91
Now that this debate has been settled, I think the take-away for the OP is to not give an inch to the landlord. Keep your $50. It's yours. Pay your bill within a reasonable amount of time and save yourself some consternation by educating the landlord on how the postal system works. If they reject that argument, contact me. I have family in the news business that will focus their minds. Or, you could do things the other way.
 

smackababy

Lifer
Oct 30, 2008
27,024
79
86
Now that this debate has been settled, I think the take-away for the OP is to not give an inch to the landlord. Keep your $50. It's yours. Pay your bill within a reasonable amount of time and save yourself some consternation by educating the landlord on how the postal system works. If they reject that argument, contact me. I have family in the news business that will focus their minds. Or, you could do things the other way.

The debate has been settled. Dari has proven not only is he ignorant, but likely to get evicted and never able to find a place to live.

OP, choose your battles wisely. You could fight this, and most likely lose, and have the landlord as your enemy. Or, you could use this as a lesson that the rent is due on the first, not the 5th. Plan for your rent to be there on the 1st, and you automatically get 5 days grace period for USPS fuck ups. Most of all, ignore Dari.
 

Phoenix86

Lifer
May 21, 2003
14,643
9
81
Now that this debate has been settled, I think the take-away for the OP is to not give an inch to the landlord. Keep your $50. It's yours. Pay your bill within a reasonable amount of time and save yourself some consternation by educating the landlord on how the postal system works. If they reject that argument, contact me. I have family in the news business that will focus their minds. Or, you could do things the other way.
The way where you poison their pregnant girlfriend?
 

Wreckem

Diamond Member
Sep 23, 2006
9,459
987
126
Yes, it would. This is a business proposition if anyone wants to take up on it. Fact is, checks are anachronistic and so is the postal system. Landlords don't seem to understand that. But they are too cheap and greedy to take a hit in payment fees to have people pay by credit/debit cards. Fuck, they can make it a convenience fee. If I was still renting I'd jump on it.

Cheap and greedy to take a $30 to 60+ hit because a tenant is to lazy? Say an apartment has 250 apartments. All the same price and the fee is $45 per tenant. That is $11250 a month they are losing to credit card fees. That is a sizable chunk of change.

My apartments take, check, e-check, debit or credit.

Checks and e-checks are free. They pass on the fees(as does almost every landlord who takes credit/debit) for debit and credit.

I have recurring echecks setup on their system. That is solely because they are hardcore about late fees, its late after the 2nd, and its $100 + $10 a day.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,674
145
106
www.neftastic.com
Bank of America will send a check for me. If it shows up late and I get hit with a penalty, they'll reimburse me if I provide proper documentation.

And for Sho'Nuff, I believe ZeZe lives in New York.

Used to use this when I was renting before I bought my house. :thumbsup:

Had a couple occasions where the check arrived a few days late, usually due to holidays or bad weather affecting large portions of the country. Main difference in my case was my landlord lived on the other side of the country, but she was pretty cool about it provided I actually took the time to follow up with her. I ended up rescheduling my bill pay to send the checks about a week earlier and never had a problem after that.
 

Hugo Drax

Diamond Member
Nov 20, 2011
5,647
47
91
Ultimately I think she is entitled to the late fee. But if this is the first time you've been late, it is an opportunity to negotiate a one-time exception. She isn't obligated, but if she wouldn't budge I'd be one PITA tenant until my lease was up.

Unfortunately with people you can't be nice. You have to be consistent.
 

slag

Lifer
Dec 14, 2000
10,473
81
101
Nonsense. OP has no control once the check leaves his hand or the bank. Therefore, he has no idea the route it takes and the hands it touches before arriving at its final destination. And it's not his fucking problem either. I can send a check (via my bank) and it could arrive at the management office before the due date and still not clear until like a week or two later. Why? Because the check can easily bounce around in that office and no one may be the wiser. Of course, they don't care about that. They just contact you saying that you were late. I had zero interest going there and hand-delivering it to them so the management company would just have to chuck that up as the price of doing business.

If the landlord wants to be a dick, the OP just has to show proof. In my case, I could've showed them when my bank deducted the amount from my account and sent it to them.

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.

How do we know he paid it late? Because it was not in his landlord's hand by the agreed upon time. Seriously Dari, when you post responses to questions and go on about this kind of stuff, it makes me question if you have ever dealt with grown up issues or are just a kid who doesn't understand how things work. Your petty arguments about proving it got there on time back up my claim. You have no personal information about the landlord in question yet claim they are 100% "dirty". WTF?
 

smackababy

Lifer
Oct 30, 2008
27,024
79
86
How do we know he paid it late? Because it was not in his landlord's hand by the agreed upon time. Seriously Dari, when you post responses to questions and go on about this kind of stuff, it makes me question if you have ever dealt with grown up issues or are just a kid who doesn't understand how things work. Your petty arguments about proving it got there on time back up my claim. You have no personal information about the landlord in question yet claim they are 100% "dirty". WTF?

I've come to assume Dari is, in fact, around 15 years old. He joined AT at like 3 years old.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,674
145
106
www.neftastic.com
How do we know he paid it late? Because it was not in his landlord's hand by the agreed upon time. Seriously Dari, when you post responses to questions and go on about this kind of stuff, it makes me question if you have ever dealt with grown up issues or are just a kid who doesn't understand how things work. Your petty arguments about proving it got there on time back up my claim. You have no personal information about the landlord in question yet claim they are 100% "dirty". WTF?

I'm honestly surprised Dari didn't suggest hiring a pharmaceutical chemist to create some sort of concoction to lace the rent payment with so the landlord would be summarily aborted upon receipt or something like that yet.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
Banks writing checks does not guarantee on-time payment. I can attest to that. Also, when I was in college, as today, I took my finances seriously. So, that meant dealing with everything on the 1st of the month. I never gave a damn about the concerns of the landlord. He was getting his check after the first. If he had a problem with that he could go pound sand. He never complained because I paid my bill. But I'm not going to fuck up my bill payment schedule for the sake of one payee.

You can't say you "take your finances seriously" when you intentionally blow a deadline and tell the landlord to go pound sand. You agreed to make that deadline part of your all important bill-payment schedule when you signed that lease.

Nobody forces you to use USPS, a service which you deem so unreliable and lacking in send and delivery timestamps. How you get that check to the landlord's hands is up to you. I provide my tenants with a bank account number for them to deposit into or a mailing address. They know the rules and make sure I have it when due or early. You want to blame the USPS but I don't give a crap. Again, most other people simply send the check early to compensate for any delays in the mail system.

I consider late fees to be "additional rent" and define as such in my leases. Meaning it is due with the next rent payment. If you don't pay in full, it comes out of your deposit and I begin eviction. Your old landlord probably never complained because he knew he was renting to an irresponsible college kid and late rent is so commonplace with that type of tenant.
 

LegendKiller

Lifer
Mar 5, 2001
18,256
68
86
Well, there wouldn't be this problem if the silly landlords did accept credit/debit cards. You see, the utility firms accept those new form of payments and they get their money right away. ALso, a late fee is understandable. But, if you want a check then a check you will get. In the mail. Deal with it.

My wife and I had rented for 13 years prior to buying a house last year. We have rented from some of the biggest companies in the world and single landlords. We have *never* been late a single day and sent every payment by check. We just agreed to send the payment in at least 5 days before it was due, not even including the grace period.

That's called being an adult.

In every case we got our full deposit back, never had any problems, and we moved 11 times in those 13 years. Sometimes we moved because we found a better deal, other times because we were moving areas, but in all cases we never had a landlord not offer to extend. The places we rented ranged from $600/mo (first) to $3,700/mo (nyc).

Don't be a dick to them. Pay your rent on time and they have no reason to be a dick to you. It's as simple as that.
 
Last edited:

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
Don't be a dick to them. Pay your rent on time and they have no reason to be a dick to you. It's as simple as that.

QFT. One of the main issues many landlords have is slow payers.

Being current and on-time is one of the best ways to stay under the radar of a landlord. If you are habitually late, your place will be the one they are always all over.
 

DCal430

Diamond Member
Feb 12, 2011
6,020
9
81
I would pay the late fee, because you probably do owe it. But at the same time I would find a new place when my lease is up. If they can't waive a late fee for this one time offense, when you have a good history of on time payments, then they aren't the kind of landlord you want.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
Generally if a party accepts payments by mail, posting the mail by the agreed date is considered acceptance of the payment.

http://www.law.cornell.edu/wex/mailbox_rule

From this link:

"The mailbox rule, which is the default rule under contract law for determining the time at which an offer is accepted, states that an offer is considered accepted at the time that the acceptance is mailed. Parties can alter their contract to not use the mailbox rule to and determine between themselves at what time an offer will be considered accepted."
 

KeithP

Diamond Member
Jun 15, 2000
5,660
198
106
If you dig into the mailbox rule a little you will find it doesn't apply. The mailbox rule has to do with acceptance/forming of a contract. That isn't the case here.

A contract (the lease) has already been agreed upon now we are just talking about payment. The terms of the payment are stipulated in the agreed upon lease and the OP has violated the terms.

-KeithP
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
If you dig into the mailbox rule a little you will find it doesn't apply. The mailbox rule has to do with acceptance/forming of a contract. That isn't the case here.

A contract (the lease) has already been agreed upon now we are just talking about payment. The terms of the payment are stipulated in the agreed upon lease and the OP has violated the terms.

-KeithP

QFT. Too many people bring this kind of thing up when while it does apply to certain situations, not the one they are in.
 

Humpy

Diamond Member
Mar 3, 2011
4,463
596
126
If you dig into the mailbox rule a little you will find it doesn't apply. The mailbox rule has to do with acceptance/forming of a contract. That isn't the case here.

A contract (the lease) has already been agreed upon now we are just talking about payment. The terms of the payment are stipulated in the agreed upon lease and the OP has violated the terms.

-KeithP

The mailbox rule can also apply to payments if the parties had established a pattern of mailing payments. In many states and municipalities it is the default in landlord tenant law, and has been settled by court findings, unless it is specifically addressed in the lease.

This topic was addressed at length in law classes I recently attended and examples were brought up from TX and FL. Here in New Mexico the Supreme Court discussed where the rule applies or not in Cortez v. Cortez.

It is not clear to me that the rule does not apply in the OP's case without a lot more information.
 
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