mail time (by Brandon [CO]) Dec 7, 2008 10:24 AM|
mail time (by MrRational [MD]) Dec 7, 2008 11:00 AM
mail time (by Keith [MN]) Dec 7, 2008 12:03 PM
mail time (by MrRational [MD]) Dec 7, 2008 12:14 PM
mail time (by Natalie [CA]) Dec 7, 2008 12:48 PM
mail time (by Brandon [CO]) Dec 7, 2008 12:55 PM
mail time (by MrRational [MD]) Dec 7, 2008 1:04 PM
mail time (by Brandon [CO]) Dec 7, 2008 1:13 PM
mail time (by Mac [OH]) Dec 7, 2008 1:29 PM
mail time (by MrRational [MD]) Dec 7, 2008 1:30 PM
mail time (by Natalie [CA]) Dec 7, 2008 2:01 PM
mail time (by Brandon [CO]) Posted on: Dec 7, 2008 10:24 AM
State Specific Question About: COLORADO (CO)
hi, i manage a multi-fam apt. bldg. from out of state. i'm currently in DC while my wife is in school. do any of you know if i need to allow for extra time or days, other then the 3 that CO allows for a tenant to pay rent after posting a pay or quit notice? on the notice that you can download from the CO state website it's pretty basic, where it says, here's how much you owe and you have 3 days to get it to me.
i know that the last day cannot fall on a saturday, sunday or legal holiday, but other then that i wasn't sure if you had to allow for futher time b/c of being out of state.
mail time (by MrRational [MD]) Posted on: Dec 7, 2008 11:00 AM
Whatever your lease may say on the subject of "late"... if they mail it and it has a postmark within "reasonable" range of the due date most judges will dismiss claims.
The travails of trying to manage from 2000 miles away isn't something you can expect much sympathy for.
Is that what you are asking? --71.166.xxx.xx
mail time (by Keith [MN]) Posted on: Dec 7, 2008 12:03 PM
I use the postmark date to determine lateness. I think the postmark is from the city where it is mailed so it shouldn't matter where it is mailed to.
You can open a local account at bank and you can have them deposit the rent check there. Then you can check the account online to see it has been deposited.
Mr. Rational, I didn't read anything about asking for sympathy in the question posted. Where did you get that from? --24.159.xxx.xx
mail time (by MrRational [MD]) Posted on: Dec 7, 2008 12:14 PM
The ASSumption that all these moves are based on (ultimately) getting in front of a judge who will make a decision. There may have been more about that in the OP's previous thread. --71.166.xxx.xx
mail time (by Natalie [CA]) Posted on: Dec 7, 2008 12:48 PM
Are they mailing the rents to you, in other words if there is no physical address specified on a 3 day notice where they can drop off the rent, then you should allow few days extra for the mail to arrive. It should be postmarked within the 3 days given. --67.188.x.xxx
mail time (by Brandon [CO]) Posted on: Dec 7, 2008 12:55 PM
yes, they are mailing the rents to me and it was postmarked within a reasonable time. the question i have at this point is for a previous late fee that they had from paying late in Nov. i would think that all money would go towards paying the late fee first, which means i'm still $75 short on their rent at this point.
i'd really like to get them out, but i think at this point i just need to have a really stern talk about what is expected by paying rent "on time". --68.50.xxx.xx
mail time (by MrRational [MD]) Posted on: Dec 7, 2008 1:04 PM
OK now we're rolling.
They have paid the late fee for november and consequently their december rent is now late/insufficient and it is subject to a late fee as well. This is your right.
Draw it up nice and neat and mail it to them demanding they make up the $75 immediately (with suitable threat of court action language).
Does CO have a "cure or quit" law? --71.166.xxx.xx
mail time (by Brandon [CO]) Posted on: Dec 7, 2008 1:13 PM
i was just thinking about this again, and i agree with MrRational that consequently their Dec. rent is now technically late.
does that need to be stated specifically in the lease that money is paid towards late fees first, or does that go off of state law? right now, it doesn't specifically say that in my lease, which i will be amending asap.
i do have a local lawyer that i've been working with that specializes in the eviction process (they posted the 3day for me) and i'll be talking with them first thing in the morning about what my options are.
not sure about the "cure or quit" for CO. --68.50.xxx.xx
mail time (by Mac [OH]) Posted on: Dec 7, 2008 1:29 PM
If you've no payment history( i.e. paid 1st, 8th 12th etc.) I would be as worried as you seem to be. This topic is a hot potato. My best advise is go by the book or "you know" when there is a problem. The 15th is d day for me. --71.31.xxx.xx
mail time (by MrRational [MD]) Posted on: Dec 7, 2008 1:30 PM
Whatever it says in your lease must comply with state law... but knowing that is their problem (for now at least)
Do a professional looking ledger page and write a cover letter explaining your expectation and the legal remedies you are prepared to take if they don't comply.
Cure the problem (money,trash,squatter whatever) or quit the premises (leave of their own accord) --71.166.xxx.xx
mail time (by Natalie [CA]) Posted on: Dec 7, 2008 2:01 PM
You definitely should have something to the effect of "All monies received by Landlord shall first be applied to any all charges due other then rent..." in your lease. However in some states such as CA for example it would be very hard to evict based on unpaid late fee.. I think if you are not able to get your tenants to comply and pay their rent on time, evict them based on something more substantial such as unpaid rent or just don't renew their lease. --67.188.x.xxx