[Weesa]

I dropped my rent payment in their box at about 4pm on the 5th which is a Sunday when the office is closed. Monday, the 6th, is a holiday and I just noticed a sign on the door saying they will be closed for that as well. Am I subject to a late payment even though my grace period expires at midnight on the 5th? But they will not receive my payment until the morning of the 7th?

The late fee is astronomical. I live in San Diego where I my understanding is that late fees are illegal but they charge 10% of your rent for late fees. (Which is $119.50 for me) I can't imagine they incur that much "damage" for a rent being paid a day late?

[ScottGem]

You could be.

[Fr_Chuck]

It is completely up to the complex policy on the drop box.
If when they open, they will accept anything in box as the previous business day, or is it accepted as that morning at opening hour.

I would say at any rental place I have owned and any I have lived in, it is late since it would have even been late had they been open on Monday.

I would have to ask, if it was due on the 1st and late on the 5th why it was not placed in the box on the last day of last month to be "on time" or at least droped the 2nd or the 3rd.

But I would either be in the office personally, or call them within minutes of them opening and talk to their accounts recievable or management person

[Weesa]

Thanks Chuck. I could have put it in the box on the 2nd or 3rd but to be honest, I simply forgot. I've had a lot on my plate lately. I don't expect the property management to excuse the late fee because of that if it is legal for them to do so. I do, however, question the validity of it since I am given a grace period expiring on midnight of the 5th with no mention of what happens if they are closed 2 days in a row.

I suppose I'll just have to cross my fingers and hope that they consider anything in the box to be turned in the previous business day.

[Fr_Chuck]

I know that often if the people had never been late, ( and none of their checks had ever bounced) I would give them a day for late if need be. But a personal call is never a wrong thing.

[excon]

Hello W:

Specifically, the rent must be in "their hands" by the due date. In your case, that's the 5th. IF they CHOOSE to have a rental box take the rent, instead of a real live person who can issue a receipt, they CANNOT say that it wasn't in "their hands" by the due date. IF they do, and won't listen to your succinct legal analysis, I'd sue them in small claims court.

excon

[Weesa]

Chuck, I have lived here almost 2 years and have been late once before about a year ago. There was no issue of a weekend or closed office and it was completely my fault so I paid the astronomical late fee with no arguments. I have never had a check returned. I will walk over there first thing Tuesday morning and hopefully someone will take pity on me.

excon, I'm hoping it won't come to that. Honestly, I think I'd rather pay the $119.50 than deal with suing anyone. Thanks for the "in hands" explanation though. If I get too much flack I can verbalize that to them as a last resort. =)

[AK lawyer]

Specifically, the rent must be in "their hands" by the due date. In your case, that's the 5th. IF they CHOOSE to have a rental box take the rent, instead of a real live person who can issue a receipt, they CANNOT say that it wasn't in "their hands" by the due date. IF they do, and won't listen to your succinct legal analysis, I'd sue them in small claims court.

I sort of agree, with two reservations:
1. as Fr_Chuck suggested, if the posted policy on the drop box (or established rules) says that checks dropped in the box after close of business are considered received on the next business day, you would be out-of-luck.
2. You can't sue them. They don't owe you anything. But if they sue you, you would have a persuasive defense.

[twinkiedooter]

You will be charged the late fee. In the future it would behoove you to look at the calendar and make sure that the rent check is in their hands by the 5th of each month. If the office is not open on the 5th then be sure to have the check in their hands on the 4th. Using a drop box is just a convenience for the tenants who can not get into the office during regular business hours. The drop box should be considered the "next day" whenever using it.

[Fr_Chuck]

And please come back after Tuesday and let us know what happens.

[excon]

as Fr_Chuck suggested, if the posted policy on the drop box (or established rules) says that checks dropped in the box after close of business are considered received on the next business day, you would be out-of-luck.

The drop box should be considered the "next day" whenever using it.

Hello twink, and lawyer:

The KEY appears to be whether there's a notice posted on the box, or in the lease. If so, then those rules apply. But if not, I suggest the OP has an excellent argument that the rent was in "their hands" well within the due date.

excon

[Weesa]

To clarify - there is no posted policy on the box regarding acceptance of payment other than a sign telling residents not to deposit cash. There is no established rule that I am aware of and no mention of drop box "protocol" in my lease.

Chuck: Will do.

[Weesa]

Almost forgot to update this. Woops! Just so you guys know, I was not charged a late fee. I called the office the next business day and they informed me that they had someone come in and check the box the night before so I'm safe.

[AK lawyer]

Thanks for the update.