Q: Pay rent on bank app, due on 1st, 5 day grace period, made on 1st, bank says 5 days to pay, landlord claims r 6th
Landlord claim received on the 6th, how do I know when received
A:
It is possible there is a rule written within the lease, so don't ignore that possibility.
Generally, the day you place rent in the mail, is the day rent is 'paid'. And the day rent was 'received' isn't usually important. If you involve a third-party payment services, like bill-pay through a bank, the risk of delay increases. I am not aware of any settled law regarding a late payment through a third-party bill pay service as to whether payment is made when 'you' authorize payment, or when the third-party actually makes payment.
But in your case, subject to the lease, if the landlord received the check on the sixth, I think it is reasonable to assume (based on the way mail works) payment was made sometime before the sixth. Your rent is late, but likely within the grace period (subject to the written lease). From there, your next steps depend on what your landlord is asking for, eviction or a late fee.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.