Tenant blames P.O. (by Deb [OR]) Jul 9, 2019 11:51 AM|
Tenant blames P.O. (by NE [PA]) Jul 9, 2019 12:00 PM
Tenant blames P.O. (by Richard [MI]) Jul 9, 2019 12:14 PM
Tenant blames P.O. (by OPM [OR]) Jul 9, 2019 12:15 PM
Tenant blames P.O. (by melinda [MD]) Jul 9, 2019 12:18 PM
Tenant blames P.O. (by Fishsticks913 [IA]) Jul 9, 2019 12:29 PM
Tenant blames P.O. (by Robert J [CA]) Jul 9, 2019 12:38 PM
Tenant blames P.O. (by S i d [MO]) Jul 9, 2019 12:43 PM
Tenant blames P.O. (by JKJ [MA]) Jul 9, 2019 12:44 PM
Tenant blames P.O. (by RR78 [VA]) Jul 9, 2019 12:46 PM
Tenant blames P.O. (by DJ [VA]) Jul 9, 2019 3:26 PM
Tenant blames P.O. (by AllyM [NJ]) Jul 9, 2019 3:27 PM
Tenant blames P.O. (by Busy [WI]) Jul 9, 2019 4:10 PM
Tenant blames P.O. (by John... [MI]) Jul 9, 2019 4:11 PM
Tenant blames P.O. (by NE [PA]) Jul 9, 2019 4:18 PM
Tenant blames P.O. (by Barbara [VA]) Jul 9, 2019 4:38 PM
Tenant blames P.O. (by Tim [CA]) Jul 9, 2019 5:52 PM
Tenant blames P.O. (by SHAUN [FL]) Jul 9, 2019 6:02 PM
Tenant blames P.O. (by 6x6 [TN]) Jul 9, 2019 7:19 PM
Tenant blames P.O. (by JAC [OH]) Jul 9, 2019 7:40 PM
Tenant blames P.O. (by Deb [OR]) Jul 9, 2019 10:47 PM
Tenant blames P.O. (by bet [MA]) Jul 10, 2019 8:56 AM
Tenant blames P.O. (by Vee [OH]) Jul 10, 2019 12:19 PM
Tenant blames P.O. (by Oregon Woodsmoke [ID]) Jul 10, 2019 2:26 PM
Tenant blames P.O. (by Wilma [PA]) Jul 10, 2019 4:26 PM
Tenant blames P.O. (by Laura [MD]) Jul 10, 2019 4:42 PM
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Tenant blames P.O. (by Deb [OR]) Posted on: Jul 9, 2019 11:51 AM
Tenant pays by check, rent 9 days late and says he "won't be responsible for late fees" since post office is to blame. How shall I respond?
Tenant blames P.O. (by NE [PA]) Posted on: Jul 9, 2019 12:00 PM
How do you THINK you should respond? --174.201.xx.xxx
Tenant blames P.O. (by Richard [MI]) Posted on: Jul 9, 2019 12:14 PM
It's 4th of July week.
Tenant has decided to party with your rent instead of paying.
Tenant using b.s. excuse.
Are you in charge or is the tenant?
Immediately file pay or quit and follow through with eviction.
Time to change how you collect the rent. Use autocrat. Take the rent. Do not allow tenant to pay when they please, if at all.
Personally, even if they pay, I would still give termination notice and be rid of them. I don't need people in my life who think they can ignore the rules. --96.40.xx.xxx
Tenant blames P.O. (by OPM [OR]) Posted on: Jul 9, 2019 12:15 PM
if and when the rent arrives, the envelope will show the date post mark.
perhaps he needs to use a mailed proof receipt
If your state says in LL/tenant statute, rent payment is effective on recepit on receipt and your rental agreement
you are find a and charge the late fee....
“MAIL” MEANS ANY LETTER, CARD, PARCEL OR ANY OTHER MATERIAL THAT:
(A) IS SENT OR DELIVERED BY MEANS OF THE POSTAL SERVICE;
(B) HAS POSTAGE AFFIXED BY THE POSTAL CUSTOMER OR POSTAL SERVICE OR HAS BEEN ACCEPTED FOR DELIVERY BY THE POSTAL SERVICE; AND
(C) IS PLACED IN ANY AUTHORIZED DEPOSITORY OR MAIL RECEPTACLE OR GIVEN TO ANY POSTAL SERVICE EMPLOYEE FOR DELIVERY.
Tenant blames P.O. (by melinda [MD]) Posted on: Jul 9, 2019 12:18 PM
Yes, they owe the late fee. This must be a current trend, not paying or wanting to pay the late fee. I am filing in court for late fees. Do it. --24.233.xxx.xx
Tenant blames P.O. (by Fishsticks913 [IA]) Posted on: Jul 9, 2019 12:29 PM
You have to laugh don't you? I have the same thing with one tenant..... she gets social security/disability and tells me that her check goes in on the 3rd and since we deal with Senior/Disability units....if they sign up for the ACH, then rent is due on the date that their check goes in. 1st, 3rd or 5th. We only do it for this one complex... and it works.
Well Miss Princess... keeps telling me that her check didn't go in on the 3rd due to the holiday and I know for a fact that checks were deposited as I questioned the bank. So over the weekend she messages me "telling me when she will be paying rent" and I came back and said... Rent is due on the 1st (she hasn't signed up for the ACH yet) and since it was the 6th and I was out of town... Monday morning I was posting her door with a 3 day with the rent, late fees and door posting fees.
So yesterday I go to the apartment. I can hear her and her mom in there and I knock.... no answer... so I post the door. Verify it with a pic from my phone showing the time and her apartment number. She tried calling my bluff and I told her when the 3 days was up and that I would be going forward.
Got the song and dance about her and her mom being disabled and that I was treating them unfairly... and that I know nothing about what it is like to be disabled....which she is right... "I" do not know how it feels... but my 16 year old that broke his neck and is paralyzed from the belly button down... well he knows.... and I am learning.... BUT we still have bills that have to be paid - no matter what our situation is.
Goodness.... the nerve of some people.
Tenant blames P.O. (by Robert J [CA]) Posted on: Jul 9, 2019 12:38 PM
I save the tenants envelope with the "Post Mark" and have the Untied Postal Service that gives me online access to incoming mail. With those two forms of proof, I can determine when the "rent" check was mailed.
Often if there is a holiday or severe weather conditions that will delay mail, I can forgive a couple of days, BUT NOT 9 DAYS!
I would demand the late fee paid within the next months rental payment. If not, then you can raise your tenants rent to account for late payments in the future.
Since your tenants don't care about paying rent on time, this will make them care -- in their pocket book! --47.156.xx.xx
Tenant blames P.O. (by S i d [MO]) Posted on: Jul 9, 2019 12:43 PM
Point them to your lease where it says: "Rent is DUE and must be RECEIVED by Land lord at 123 Anywhere Ave on or before the 1st of each month. Delays due to holidays, weather, weekends, or delivery service will not extend the due date or cause late fees to be waived."
Then they pay up or get evicted.
I used to accept every story in the book for why the rent was late, so guess what I got? A lot of late rents with no late fees.
So I stopped accepting any excuses for why the rent was late. Now I get almost all rents in on time, and the few that are late pay the late fee.
$25 first day it's late + $5 per day after that. No exceptions or excuses. If they don't want to be late, they can sign up for auto-draft and never miss a due date again, provided they have money. Not having money is the #1 excuse they will never admit to you.
"What we demand, we get. What we tolerate, we encourage." - John T. Reed --107.216.xxx.xxx
Tenant blames P.O. (by JKJ [MA]) Posted on: Jul 9, 2019 12:44 PM
Is this a good tenant, is this the first time they have been late with the rent? If this is the first time the rents been late AND it was postmarked BEFORE the due date I’d cut him some slack. Other than that I’d tell them they are responsible and issue a P or Q if they don’t pay. --174.242.xx.xxx
Tenant blames P.O. (by RR78 [VA]) Posted on: Jul 9, 2019 12:46 PM
Times have changed.
Had a problem a year ago.
If I call my post office. They will say they try to post mark the same day received. But it can take 3 or 4 days.
So cant trust the post mark anymore.
Not sure how the PO allows this. --73.152.xx.xxx
Tenant blames P.O. (by DJ [VA]) Posted on: Jul 9, 2019 3:26 PM
Hopefully, you have a clause similar to this in your Rental 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 TO BE CONSIDERED PAID ON TIME. ALL PAYMENTS RECEIVED ARE APPLIED FIRST TO OUTSTANDING BALANCES, IF ANY, AND THEN TO THE CURRENT RENT DUE. ANY PAYMENT DROPPED OFF AFTER BUSINESS HOURS ON THE DUE DATE WILL NOT BE PROCESSED THAT DAY AND WILL THEREFORE BE LATE."
If so, respond with a copy of the clause for reference along with the notice of unpaid rent that also demands the late fee. --68.10.xxx.x
Tenant blames P.O. (by AllyM [NJ]) Posted on: Jul 9, 2019 3:27 PM
I go to the apartments and expect the tenants to have their rent check taped to the apartment door. I pick them off like little flower petals and then off to the bank. One brings me cash and another drops off three checks for everyone in the building she lives in. Stop messing with the mail. --173.61.xxx.xx
Tenant blames P.O. (by Busy [WI]) Posted on: Jul 9, 2019 4:10 PM
We used to have absolutely terrible mail service, so when I started landlording, I refused to accept payments by mail. Too many times have I run mail addressed to a neighbor back to the neighbor to have them say, ‘oh, this came for you the other day,’ and they go grab my mail off of their counter. Not wanting to set my tenants up for failures like that, I went with deposit money at the bank, and now, one of the free money transfer services through the bank.
And, neighbors complained to post master, we have new delivery person, haven’t had a misplaced piece of mail in a couple of years. Actually, very, very good mail service now.
But, back to your situation, I wouldn’t accept that excuse more than once, and even then, late fees still apply. If it happened twice, I would insist that mail no longer be used. Mine are all MTM, so I could change methods of receiving rent with just one month notice. --172.58.xxx.xx
Tenant blames P.O. (by John... [MI]) Posted on: Jul 9, 2019 4:11 PM
It's weird to say "stop messing with the mail" when you still physically go to your units to pick up the rent!?? Most people here would say that would be the FIRST thing to stop -- THEN stop "messing with the mail" -- and go to digital payments.
I don't think most here would agree that stopping mailings and picking up the rent in person is a better solution, Ally, sorry.
Tenant blames P.O. (by NE [PA]) Posted on: Jul 9, 2019 4:18 PM
Any newbies reading this, DO NOT DO what's Ally M does. It is very foolish and outdated to pick up rents. Especially cash. --174.201.x.xx
Tenant blames P.O. (by Barbara [VA]) Posted on: Jul 9, 2019 4:38 PM
I would respond with a notice of late rent in whatever your state requires. If you do get it with a postmarked date that actually supports your tenants claim send a letter and apologize for confusion along with photo copy of post mark date. Odds are they are not telling you the truth. Over the years I have heard the "I mailed it on time" only to receive a money order dated a week after it was mailed. So either tenant is lieing or the post office pulled a switcharoo on their payment.
Allym advice is not safe or wise. --174.255.xxx.xx
Tenant blames P.O. (by Tim [CA]) Posted on: Jul 9, 2019 5:52 PM
Well, in California, rent is paid the minute it goes into the mailbox. It doesn't matter when it arrives. Any lease clause to the contrary is not enforceable. YMMV in Oregon.
If they want proof they mailed it on time, there is always certified mail.
I would require a replacement check, now. If the original arrives, photocopy the check and envelope. If it was mailed on time, first check goes back to tenant. Not mailed on time, they get their original check, a photocopy of the original envelope, and a late fee. --64.160.xxx.xxx
Tenant blames P.O. (by SHAUN [FL]) Posted on: Jul 9, 2019 6:02 PM
I had a Resident this month try to use the "banks closed for the 4th" as their excuse. In the same email they stated they weren't going to pay until the Monday the 8th.
My response was that "rent is due on or before the first day of each calendar month, which was Monday. So I'm not sure I understand how the banks being closed on Thursday would effect your rent payment. Banks are open today and tomorrow (Fri and Sat)." And just so she knows I don't play...I posted a 3 day PQ.
I don't think she is going to be with me much longer. When they go south, they go south fast. --173.31.xxx.xxx
Tenant blames P.O. (by 6x6 [TN]) Posted on: Jul 9, 2019 7:19 PM
DJ, thank you for sharing. --73.120.xx.xxx
Tenant blames P.O. (by JAC [OH]) Posted on: Jul 9, 2019 7:40 PM
This has happened to me and I think it was legit PO problem. But that being said it doesn't cost you anything to post a notice. It starts the clock and you don't have to wait additional time to file for eviction. They can always write you a new check and when you get the one from the mail just return it to them. --72.49.xxx.xxx
Tenant blames P.O. (by Deb [OR]) Posted on: Jul 9, 2019 10:47 PM
Thank you all. Received Rent today, marked July 2, so it seems it is a legitimate post office error and he did act in good faith. Since he is a long term tenant I have suggested strongly that he use ACH or certified mail.
I did not think it was worth losing a tenant for $15 in late fees. --173.239.xx.xx
Tenant blames P.O. (by bet [MA]) Posted on: Jul 10, 2019 8:56 AM
Tenant blames P.O. (by Vee [OH]) Posted on: Jul 10, 2019 12:19 PM
Send them to the post office to complain about this, unless you are the postmaster for either end it is not your concern, wallet training includes late fees. As many others have mentioned using the methods to -bank in your pajamas- there is no more chasing frogs, sometimes you just have to let them swim away and rerent the unit to a better tenant. --76.188.xxx.xx
Tenant blames P.O. (by Oregon Woodsmoke [ID]) Posted on: Jul 10, 2019 2:26 PM
They owe you the late fee. Rent is due in the landlord's hand and you didn't get it.
However, check the post mark. I just had a tenant mail the rent on the 28 of June and I received it on the 8th of July. Three day weekends always mess up the mail.
Rent was due the 2nd and it went into a 3 day weekend so if I hadn't received it by Monday I would have called him to tell him I hadn't received the check.
He always pays early, so I am not even going to tell him that his check wasn't here for a week and a half. He has a 5 day grace period and I got the check on day 6 with a three day weekend in between. I'm letting it slide.
Point being that it could be the post office. But you didn't get it so tenant owes the late fee unless you want to make allowances. --98.146.xxx.xxx
Tenant blames P.O. (by Wilma [PA]) Posted on: Jul 10, 2019 4:26 PM
I'm small potatoes, so I still use a P.O. box for rent.
Here's my clause: RENT DUE DATE: The due date for rent owing under this Agreement is the first day of every calendar month. Owners need to RECEIVE the rent on or before this date. Therefore, since Tenants’ rent is due on the first, it must be paid on or before the first of the month to be considered “on time”.
If Tenant chooses to use a payment service that generates and mails checks from a remote location, Tenant bears the responsibility of ensuring that checks are mailed so that they ARRIVE on or before the first of the month.
At the ________ Post Office, letters can be presented to the clerk for hand cancelling and placement in Owners’ post office box on the same day.
Tenant blames P.O. (by Laura [MD]) Posted on: Jul 10, 2019 4:42 PM
My lease also has a clause indicating the rent is paid when I receive it. If you choose to use the post office it is at your own risk. --108.51.xxx.xxx
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