Clarkston, MI asked in Landlord - Tenant for Michigan

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

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1 Lawyer Answer
Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

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.

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