When is rent considered "paid"?

[Number21]

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

I have a commercial lease that says the rent is due on the 1st of each month, with a "5 day grace period". I received a letter from the landlord stating my rent was 4 days late, which I recieved on the 6th. I mailed the rent on the 1st of the month knowing I have the grace period and knowing the payment should make it 7 miles in less than a week. Even if she didn't receive it until the 5th, it couldn't possibly have been 4 days late.

Anyway, it's not a problem, she's not doing anything about it, but I'm going to reply to her letter and tell her she's wrong and suggest she look at the post mark. When does the rent officially count as being paid? Shouldn't it go by the post mark on the envelope or is it not until it has been officially delivered to the LL? I may start using delivery confirmation in the future...

 

[FlyingRon]

It's when the check is available to the landlord, not mailed.

 

[sandyclaus]

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

I have a commercial lease that says the rent is due on the 1st of each month, with a "5 day grace period". I received a letter from the landlord stating my rent was 4 days late, which I recieved on the 6th. I mailed the rent on the 1st of the month knowing I have the grace period and knowing the payment should make it 7 miles in less than a week. Even if she didn't receive it until the 5th, it couldn't possibly have been 4 days late.

Anyway, it's not a problem, she's not doing anything about it, but I'm going to reply to her letter and tell her she's wrong and suggest she look at the post mark. When does the rent officially count as being paid? Shouldn't it go by the post mark on the envelope or is it not until it has been officially delivered to the LL? I may start using delivery confirmation in the future...

Why is it that so many people think that a grace period counts as an extention of the due date?

If your rent is DUE on the 1st, it is considered LATE on the 2nd. If you pay during the grace period, your rent is still late, but you are not assessed a penalty (late fee) until that grace period ends. It does not absolve you of your obligation to pay rent on or before the 1st.

Don't always count on the mail to deliver on time. Mail delays happen all the time. The LL doesn't care why he didn't get rent on the 1st, just that he didn't.

If you want to avoid late rent, then mail your check a few days before the 1st, allowing enough time for the mail gremlins.

 

[Baranov]

SC hit it on the mark!

Your lease should clearly state when the rent is due. The grace period only applies to late fee charges. Late payers often are surprised when landlords reveal late payment practices of their tenants to other landlords that are considering the tenants application for a rental. Your late paying habits can also affect your ability to get local credit as vendors may call your landlord to determine your ability to pay.

 

[Banned_Princess]

Why is it that so many people think that a grace period counts as an extention of the due date?

That was my mistake as a young renter. I figured since all other bills have a minimum 15 day grace period, my rent too had a grace period. and I was habitually late. Then I was astounded when I was evicted by a judge essentially for consistent late payments, and partial payments (I would try to pay it over the course of 3 or 2 weeks, beginning the day it was due)

I was evicted for non payment for 50.00 I owed on a substantially higher rent. AND in the complaint she was suing me for $2500.00 lost that judgment and won the eviction.

Flabbergasted I say. But I learned to plan the bill better and start paying Before it was due, so it was all in on time. lol. so now we are all happy.

 

[Number21]

I usually send it early, in fact November is already paid, but I thought it was a little out of line for the landlord to send me a letter about that so quickly.

The reason I waited until the 1st to mail it is because the neighbor was supposed to have done something by the 30th, which he had not, and I wanted to include a letter about that with the rent. We've sent a lot of mail back and fourth before and it's always been overnight.

It's when the check is available to the landlord, not mailed.

As for this, it does say in my lease that I'm supposed to mail it to a specific address. I understand mail can't always be relied on, but I'm mailing it to the same town I dropped it in the post office of.

 

[Banned_Princess]

I usually send it early, in fact November is already paid, but I thought it was a little out of line for the landlord to send me a letter about that so quickly.

The reason I waited until the 1st to mail it is because the neighbor was supposed to have done something by the 30th, which he had not, and I wanted to include a letter about that with the rent. We've sent a lot of mail back and fourth before and it's always been overnight.

Yea, mail, it can be unpredictable.

just apologize and keep that in mind for later. the check will have the date cashed on it, so return service mail will make no difference.

 

[FlyingRon]

I suspect that if you mailed it 2-3 days (as is what First Class mail estimates) before the DUE DATE that it would arrive within the grace period. That's what grace is for.

By the way, you'll find that the due date matters when you have a real loan (mortgage or even car loans). The interest is computed based on the date the payment is received. Pay after the due date (but before the grace period) regularly and you'll find that there's still balance at the end of all the scheduled payments. Pay early and you'll find that your last payment(s) will be reduced or cancelled.

 

[Baranov]

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

I have a commercial lease that says the rent is due on the 1st of each month, with a "5 day grace period". I received a letter from the landlord stating my rent was 4 days late, which I recieved on the 6th. I mailed the rent on the 1st of the month knowing I have the grace period and knowing the payment should make it 7 miles in less than a week. Even if she didn't receive it until the 5th, it couldn't possibly have been 4 days late.

Anyway, it's not a problem, she's not doing anything about it, but I'm going to reply to her letter and tell her she's wrong and suggest she look at the post mark. When does the rent officially count as being paid? Shouldn't it go by the post mark on the envelope or is it not until it has been officially delivered to the LL? I may start using delivery confirmation in the future...

Landlord like to rent to individuals that pay their rent on time and don't bring much drama to the table. Could it be that your landlord is tired of all the drama that comes along with your tenancy?

 

[Number21]

Landlord like to rent to individuals that pay their rent on time and don't bring much drama to the table. Could it be that your landlord is tired of all the drama that comes along with your tenancy?

Actually the landlord is quite happy with my tenancy because I pay more than anyone else in the building, and I never, ever, ever break a rule or cause trouble down there, while she just threw out my neighbor for being such a nuisance at my request. Also as I said November's rent is already paid, 2+ weeks early.

That's another reason I took offense to the letter, I cause no trouble yet she's so quick to complain, yet the previous neighbors caused all sorts of caos and broke the lease on a daily basis. She didn't do much about it.

I've also spent quite a lot of money remodeling her bathroom at my expense, she can consider that a gift. Obviously I can't take it when I go. She works for me, and I'm a good customer...she needs to make a point not to piss me off and I'll do the same.

 

[Adalaide78]

Don't be so quick to assume that your LL sent you the letter just to piss you off. It's possible that on the 4th day after rent was due your LL sent the letter in the hopes that it would reach you quickly so you could avoid late fees. Would you rather you get that reminder before or after a ton of fees are added to your rent? The last time I rented the fee for being late was $50 a day, and that was for an apartment so I can't imagine the fees for commercial leasing. Don't forget that even with first class mail the post office doesn't really gaurantee anything, including delivery at all. (I worked at a call center, basically getting paid to get people off the phone because no one ever does anything about anything.) Sending the payment another way with tracking and gauranteed delivery by a certain time may cost just a bit more but your payment will always get there. You don't want your rent check to end up wherever it is that all the missing socks go.

 

[Andy0192]

I've also spent quite a lot of money remodeling her bathroom at my expense, she can consider that a gift. Obviously I can't take it when I go.

Did you have your landlord's permission to remodel the bathroom? You might get quite a surprise if your remodeling is considered "damage" when it comes time to settle the security deposit.

 

[Baranov]

Actually the landlord is quite happy with my tenancy because I pay more than anyone else in the building, and I never, ever, ever break a rule or cause trouble down there, while she just threw out my neighbor for being such a nuisance at my request. Also as I said November's rent is already paid, 2+ weeks early.

That's another reason I took offense to the letter, I cause no trouble yet she's so quick to complain, yet the previous neighbors caused all sorts of caos and broke the lease on a daily basis. She didn't do much about it.

I've also spent quite a lot of money remodeling her bathroom at my expense, she can consider that a gift. Obviously I can't take it when I go. She works for me, and I'm a good customer...she needs to make a point not to piss me off and I'll do the same.

Your other posts concerning complaints about your neighbors, loose wiring, and about your refusal to pay rent would indicate otherwise.

 

[Number21]

Did you have your landlord's permission to remodel the bathroom? You might get quite a surprise if your remodeling is considered "damage" when it comes time to settle the security deposit.

Yep. It was an absolute s*** hole when I moved in, and it is shared with the neighbor, so I'm increasing the rentability of the neighboring unit.

Your other posts concerning complaints about your neighbors, loose wiring, and about your refusal to pay rent would indicate otherwise.

Like I said (in my other posts) she does everything she can to keep me happy. She just threw out the neighbor and his associated rent because it was basically down to him or me. She chose me. She agreed I shouldn't have to pay the rent that I didn't. In the area I'm at these commercial warehouses are everywhere and about half of them are empty/for lease/for sale so she wants to do everything she can to keep the tennants she has. Openings will take a long time to fill. Many similar spaces have been offered for lease in the neighborhood for over a year.

 

[Baranov]

I think her notice saids a lot more about how she feels than you are giving her credit for. But, if it makes you feel good believing that your tenancy is something she cannot do without. Then who am I to crush your dreams.