State Specific Question About: CALIFORNIA (CA)

Hi Mick... setting aside any CA laws for LL/tenant

I'd say you are on the right track

Due at (your address) on or before the 1st ( or whatever day it is due)

Post mark is not part of the equation

Hi Mick... setting aside any CA laws for LL/tenant

I'd say you are on the right track

Due at (your address) on or before the 1st ( or whatever day it is due)

Post mark is not part of the equation

At least in my area. The post office no longer guarantees to apply a post mark the day it was received.

Hi Mick,

I hate to beat the old drum, but could you move away from accepting mailed payments altogether?

I believe you must accept the post office's postmark( if they actually postmark each piece; here they often don't) because there is no way to actually prove when you received it. So many things can happen en route to your box- or accidentally to the neighbors- that it really is not the best option.

We accepted payments via mail for awhile, but we'd hear so many excuses for late mailed payments. It's too many steps for a lot of people.

If you can, you will see that direct deposit OR having them deposit directly to the bank is soooo much easier.

I have old postcards from 100+ years ago that are postmarked with the hour (and sometimes the half-hour) as well as the date. So you know if it was mailed (processed?) at 4 pm, or whatever, at a specific location.

Now, unless you specifically request a handstamp at your local post office, all our mail is routed 100+ miles away to a processing center for a postmark. So you don't know if it was mailed from any of dozens of zip codes.

Mick,

Robert J beat me to it - LL craziness.

"For want of a proper lease the kingdom was lost".

First, What does your lease say? This is spelled out in any proper lease.

My lease is clear: "payment must be in the office on or before the due date. Management does not accept US Mail or other delivery services due to delays and loss of control.

Standard form of payment in autodraft. Processing paper money or cash creates extra handling and may incur extra fees."

Move into the 21st century. (we were doing this back in the dark ages of the 20th century!)

Residents LOVE IT! Millennials expect it. iGen assumes it. They don't know about money orders or checks.

Last month had a mortgage payment check sit in the post office for 5 days before they attempted delivery. Just sitting there. no holidays involved.

The postmark does not mean diddly squat unless something is spelled out allowing it, such as IRS deadlines.

My lease says:

RENT.

A. Rent. The annual rental shall be the amount of $ _____________________. The Tenant agrees to pay to the Landlord rent for the premises during the term hereof in installments in advance and without demand or notice $ ___________ on the 1st day of each month beginning _______________ OR $ _____________ Every 2 weeks on ___________(weekday) beginning on ________________ OR other: ______________________________________. Rent shall be payable to Landlord in the method and at the address shown below or at such other place as Landlord may hereafter specify in writing. Said installment shall be paid for each and every month during the term of this Agreement. NOTE: MAILING THE RENT BY THE DUE DATE DOES NOT CONSTITUTE PAYMENT. RENTS MUST BE RECEIVED IN THE FORM AND AT THE LOCATION DESIGNATED BEFORE CLOSE OF BUSINESS ON THE DUE DATE OF EACH MONTH TO BE CONSIDERED PAID. MONIES RECEIVED ARE APPLIED FIRST TO OUTSTANDING BALANCES, IF ANY, AND THEN TO THE CURRENT RENT.

RENT IS DUE ON ITS DUE DATE. THERE IS NO GRACE PERIOD!

Rent shall be delivered to any branch of ABC Federal Credit Union and deposited into the Checking account of Account # 123456 during the Credit Union's normal operating hours. The rental payment must be credited to the account on or before the due date unless the Credit Union is closed on that day. In that event, the rent must be deposited the next business day. For electronic transfers, the routing # is 251480738.

B. Bounced Check. If any check presented as payment of rent is returned for Insufficient Funds, Tenant will incur a processing fee of $45.00. Tenant will then be required to submit all subsequent payments in the form of Cash, Certified funds/Money order, or Electronic Transfer.

What does yours say?

Here is mine:

Rent is due on or before the first of each month. Rents received after 11 am on the 5th are subject to a $50 late fee. NSF checks are subject to the late fee and an additional fee of $50. No further checks will be allowed after an NSF. Rents are to be mailed to:

They can decide HOW I receive it: I have a dropbox, a PO Box and they can deposit in my account. If it is not in one of those places by mail call on the 5th (11 am) ...they get charged.