If I paid my rent with a cashiers check but my landlord is stating that they didn’t recieve it, can they charge me a late fee?

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If I paid my rent with a cashiers check but my landlord is stating that they didn’t recieve it, can they charge me a late fee?

Asked on June 21, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue is whether they did or did not receive it on time. If you put it into the landlord's possession--e.g. handed it to the landlord; placed it in a desgnated drop- or lockbox; mailed it to the landlord AND the landlord received the mail--and the landlord then lost it, you are not responsible for a late fee. Your responsibility is to give the rent to the landlord, not what comes later, so if you gave it to the landlord on time, there is no late fee. On the other hand, if the landlord never received it--which includes you having mailed it, but it being lost in the mail--then you have to pay a late fee. So a key issue will be whether you can prove that the landlord received the rent on a timely basis.


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