When is rent considered paid before late charges are imposed?

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When is rent considered paid before late charges are imposed?

I have been paying my rent with a “quick-pay” which notifies the recipient of payment notification. Upon acceptance the money is wire transferred to the recipient’s bank for their account. The landlord claims that there is a delay of 1 or 2 days before the money is actually available for their use. According to the landlord, this delay triggers a late payment and a late payment charge. I maintain that the “payment date” is the date of notification or at the very least the date of the electronic transfer. Who is legally correct?

Asked on April 22, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the "mail box rule" example utilized by all states in this country, a contract can be accepted when the mailing of the signed agreement is actually place din the mail box and actually before the recipient of the mailing receives the mailed contract.

In your example with respect to the payment date of your rent, payment would be when the actually electronic transfer is made from your account to the landlord's regardless of the any delay of notification. The only exception to the above example would be if your presumed written contract with your landlord specifically defines "payment date" within the document and you have signed the lease.


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