When is payment deemed to be made : ezLandlordForms

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When is payment deemed to be made

Darren M

started a topic about 11 years ago

After 15 years of being a landlord I just got the most bizarre experience. A tenant mailed via certified mail, their monthly payment on the very last grace day. So, its due on the first, but three grace days till the end of the third.... They mailed it from a different state, and I did not receive it until the 9th. They are claiming the "postmark rule" that says that payment is deemed to be made on the day it was mailed, and not when received. My lease states that it is deemed to be paid on the day it is "received", but this federal rules says it was "received" the day it was mailed. This seems odd. Has anyone had experience with the law? thanks Darren

1 Comment

Richard W

said about 11 years ago

I have not come across this as a Landlord yet, I am still pretty new to this also. However, when paying bills the post mark holds as the day paid in the majority of cases. You have the payment, and that is the important thing. If you are still concerned and if this continues to happen or they are late on payments, then I would begin by speaking with the tenant directly, presenting your concerns then contacting a legal expert/attorney if nothing changes.