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late fee

I have a tenant who pays late on a regular basis and refuses to pay the late fee...the lease agreement he signed states the rent is to be paid on the 1st of each month, grace period of 3 days, if rent is not received by the 5th, a late fee will be applied. He can pay by direct deposite, transfer to account by his account or by mailing a ck... My problem is he sends it in the mail postmarked the 4th, I receive it on the 7th and then states he does not owe the late fee because it was post marked before the 5th..  I looked up the California code and it states if it is due on the 1st and the envelope is post marked by the 1 a late fee does not apply... any insight on what to do? Thank you, Katie
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