Late rent payment defined

[testarosa67]

What is the name of your state (only U.S. law)? NJ

I am the rental manager of a town home in NJ. The lease states the the rent is due on the 1st of the month and if the tenant does not pay the rent by the 5th day of the month they shall incur a late charge of $30. January's rent payment was postmarked 1/5 and received 1/6. Today is 2/6, the mail has been delivered, and I have not received the February rent check.

Can anybody tell me if the rent is paid "on time" if the envelope was postmarked the 5th of the month even though it was received on the 6th? Is the envelope required to be postmarked by the 1st of the month with the expectation that it will be received by the 5th of the month?

Does or how does the NJ definition of "grace period" which includes the verbage "5 business days" affect this issue as my lease does not specify this?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Zigner]

Rent is DUE on the 1st and late on the 5th. If it's not in your hands by the 5th, then it hasn't been paid by the 5th and a late fee can apply.

ETA: I would recommend that update your future agreements to allow for this. You can either say that it must be RECEIVED by the 5th, or you can allow for it to be received no later than the next business day if the 5th is a not a business day. Your choice

 

[applecruncher]

Since rent is due on the 1st, it is last if not received on the 1st.
Since you allow a grace period up to the 5th, rent must be RECEIVED by the 5th.
It is the tenant's responsibility to see that rent is in your hands no later than the 5th in order to avoid the late charge. It's not the responsibility of the Post Office. Postmarks are not your problem. (I've received mail several days after the postmark.) If tenant wants to avoid the late fee s/he should make arrangements to pay you in person, by courier, or whatever.

 

[sandyclaus]

Let me make this clear.

If rent is DUE on the 1st, then on the 2nd of the month IT IS LATE.

A grace period is NOT an extension of the due date. It is an extension of time allowed during which the LL cannot impose a penalty for the late payment. Your grace period is 5 days, so that means that the first day a penalty for that late payment can apply is on day 6.

In your situation, if the tenant's late payment has not been RECEIVED, in your hands, by the 5th, then on the 6th, you can impose any further penalty your lease/rental agreement or the law allows.