Salem, OR asked in Real Estate Law and Landlord - Tenant for Oregon

Q: I send my rent check autopay thru my bank on the 1st of each month, can I be charged late fee's for the mail being late?

My landlord is constantly harassing me, but I can't control the mail! What can I do?

1 Lawyer Answer

A: While it may depend upon what your lease says, the general rule is that the landlord has to have received it no later than the 4th day of the month (assuming it is officially due on the 1st) and can charge a late fee as of the 5th day if the lease otherwise provides for it. It is not their fault if the mail is delayed and while it is not your fault either, you are the one that elects to use that method of delivery and thus you are the one that has to accept the risks of loss or untimely delivery. Other options are likely available - direct deposit, personal delivery, etc. Good luck.

1 user found this answer helpful

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