Is there a violation of the lease for which I am subjected to late penalties ?

UPDATED: Oct 1, 2022

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Is there a violation of the lease for which I am subjected to late penalties ?

I mailed my rent check on the 1st day of the month but did not physically get
into the hands of the landlord until after the 3rd of the month. There is a
stipulation in the lease that says that payment should be received by their
office on or before the 3rd of the month. Am I protected against late fees under
the Postmark Act of 2014 that provides delivery to the Post Office/Agents of
mails constitute the actual date of delivery of payment ? Thanks, Henry

Asked on December 8, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

According to the official U.S. Government Publishing Office, the Postmark Act of 2014 was never actually enacated into law; therefore, its provisions are not enforceable and the money would have to have been actually received by te 1st. Here is a link to the GPO webpage on this bill: https://www.gpo.gov/fdsys/pkg/BILLS-113hr3909ih/content-detail.html


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