State Specific Question About: CALIFORNIA (CA)

Stipulated agreement entered into by tenant and LL. Tenant was supposed to pay by COB on Sept 1st.

My question is: If tenant POSTMARKS the payment by Sept 1st do I legally have to accept payment?

Hi Mick

When you say pay by 9/1.. did it say that exactly or something else..

Like you I would have expected to see it by or on the 1st..

just like rent it's late on the 2nd..,

Of course it is the Post office that post marks letters..not the tenant.

There is also a contract and post office doctrine called the mail box rule..where by it's considered received when it's mailed..

So far in the two states where I practice and their small claims courts.. I have a clause in the rental agreement where the parties agree that doctrine does not apply to this agreement.. Judges have so far agreed..

This is what the stipulation says exactly:

All payments must be in the form a cashier's check, money order, or other certified funds, and must be received by the plaintiff by 5:00pm on the date due.

This depends on the judge.

You will see that the Stipulation says that the funds must be "received by Plaintiff by 5:00 p.m."

But it also says "If defendant fails to make a payment on or before the due date," there are certain consequences. But here, Defendant DID make the payment by the due date by mailing it on time. This, non payment by Defendant, is the condition that authorizes you to proceed with seeking judgment.

Under the Stipulation, what are the consequences of your not receiving the funds by 5:00 p.m.? Probably none. The consequences are for Defendant failing to make payment by the due date, and he did that!

Sloppy drafting. But the bottom line is that an intellectual judge will not allow you to proceed with seeking judgment for violation of the Stipulation.

Wow, if this is that problematic tenant about whom you've written, he or she likes to do things at the 11th hour. Anyway, it sounds like the tenant knows what he or she is doing and is begrudgingly paying up. It's really rotten that he or she sent the payment on Sep 1 when the rules say that it had to be received that date.

These posts are great, and it sounds like the next time this might happen, there should be some sort of time deadline in your Stipulation? I have a feeling that the tenant is not trainable, so if you have to draft new paperwork again, you'll know what to do.

Best of luck and please keep posting what happens.