When is it considered "Received"?

[Pandia]

In Central California. No Sec 8, Rent Control or anything else. I have a tenant that regularly pays rent via mail from an online bank account. Their rent is due on the 16th. On the 22nd I served a 3 Day notice to Pay or Quit. On the 22nd the tenant told me I should have the rent check by Monday (the 24th). As of today, the 27th, it still has not been delivered to my office. Do I wait to file the UD to see if a check comes in or do I file right away because it says I must RECEIVE the rent within the 3 days and those 3 days have come and gone? They have not checked to see if the check came in at all. I have an onsite office and am here 24 hours a day. I literally have not left the property in over 2 months. A little background... they are problem tenants that have lived here almost 3 years. In just the last week I can count 8 things I could give them 3 Day Notices to Comply on (some serious some little things). Their file is over an inch thick with violations and complaints from the previous manager who was also their friend. I just became manager here 4 months ago. Owner just wants them gone. I served them a 60 Day to Vacate at the same time as the 3 Day to Pay or Quit. So do I file now or wait and if I wait how long?

 

[Gail in Georgia]

File now. Your deadbeats have used all their rent money for Christmas crap for either their children or themselves.

Gail

 

[Zigner]

Please note that you don't have legal standing to file. The owner will either need to file or hire an attorney to do so. In fact, I would push for the attorney option, because if the owner really knew what to do, the tenants would be gone by now.

ETA: I can tell that you are not a professional property manager by the questions you asked along with the explanation you gave.

 

[adjusterjack]

File now. And if the check does come in, send it back and follow through with the UD. If you accept the check your 3 day notice and UD are dead and you'll have to start all over in January or wait until the 60 day notice expires if they don't leave.

By the way, now that you gave the 60 days notice, they will probably not pay rent at all anymore, expecting you to take it out of the security deposit.

Once the UD is filed I would go by frequently to check up on the place.

 

[NeilTheCop]

Please note that you don't have legal standing to file. The owner will either need to file or hire an attorney to do so. In fact, I would push for the attorney option, because if the owner really knew what to do, the tenants would be gone by now.

ETA: I can tell that you are not a professional property manager by the questions you asked along with the explanation you gave.

Reinforced by; "Their file is over an inch thick with violations and complaints from the previous manager".

 

[Pandia]

Thank you all so very much. In my internet research I discovered that IF it was REQUIRED to mail the rent I would have to wait for a post mark but because its not AND the 3 Day demands payment by a certain date at a certain location (same location regular rent is able to be paid btw) they have indeed passed the mark and we will take this to Legal today. Thanks again!!

 

[Pandia]

Please note that you don't have legal standing to file. The owner will either need to file or hire an attorney to do so. In fact, I would push for the attorney option, because if the owner really knew what to do, the tenants would be gone by now.

ETA: I can tell that you are not a professional property manager by the questions you asked along with the explanation you gave.

I am the NEW Resident manager of a residential motel. NEW to the job and learning. I never claimed to be a "professional property manager". I will have the paperwork taken to our legal team to handle. I was simply trying to not waste the time of my assistant going there or the expense if there was some loophole or clause I was unaware of. The LAW is a fickle thing! I was brought in because I have managed other businesses and was able to turn around the business to make them profitable. While THIS business is new to me, the idea is still the same. Have a defined set of standards and enforce them. If the standards are correct, the business will flourish. So thank you for your assessment of my work history, I am well aware I am new. Thats why I asked the questions, I needed clarification in a very specific area. Have a blessed day and thank you.

 

[FarmerJ]

Waiting for a post mark could take too long, tenant could swear up and down they put check in the mail BUT what if it took a week due to postal screw up to arrive ? I agree that this tenant likely had a very nice Christmas via a trade off , ( not paying rent) My best guess is that December would be the top number one month of the year that tenants choose to not pay and risk eviction. If you file and tenant still claims it was sent then the tenant can stop payment and write another check or give you a copy of the postal receipt that says they mailed it via certificate of mailing confirmed mail delivery or certified mail.

 

[Zigner]

As you say, the law is a fickle thing...you are not paid to take this any further. You have a legal team to assist. Contact THEM.

 

[FarmerJ]

When you can after the lawyer starts the eviction process then perhaps its time to suggest to them that they create lease rules pertaining to use of mail to pay late rents such as when late payments must be made in person or electronically in order to stop eviction filings.