Can Your Landlord Charge You a Late Fee When Sending Rent Through Certified Mail Amidst the Corona Virus Pandemic in the USA?

Have you ever faced a situation where your landlord charges you a late fee despite you sending your rent through certified mail? This article explores the legal ground for such charges and the responsibilities of both tenants and landlords in the United States, particularly in light of the corona virus pandemic.

The Role of Certified Mail in Avoiding Late Fees

One method to avoid late rental fees is by sending your rent through certified mail. The requirement for sending rent through certified mail varies among rental agreements. When a lease specifically states that rent must be sent through certified mail, it ensures that the landlord cannot charge a late fee even if there are delays in the mail.

What if You Sent the Rent via Regular Mail?

However, if the lease does not require certified mail, and you send the rent via regular mail, the landlord can still charge a late fee if the rent arrives after the due date. It is crucial for tenants to recognize the difference between "due" and "required to be mailed by". According to many leases, the rent is due on a specific date, not the date it must be mailed. Therefore, any rent sent beyond this due date is considered late, regardless of the method of delivery.

Landlord’s Responsibility during the Pandemic

When it comes to the corona virus pandemic, both tenants and landlords have faced unprecedented challenges. If a landlord fails to deliver mail on time due to the pandemic, tenants should not automatically face late fees. Tenants should check with the Post Office for the exact date the mail was delivered and keep a copy of any notices or receipts for future reference.

Understanding Lease Terms and Due Dates

Tenants must carefully read their leases to understand the terms regarding the due date and method of delivery. The lease typically specifies that the rent is due on a specific date, not the date it was mailed. This means that any rent sent after this due date is considered late and subject to a late fee, whether it was sent certified mail or regular mail.

Consequences of Not Paying Late Fees

If a landlord charges a late fee, tenants should understand the consequences. Late fees reduce the amount applied to the rent, which can lead to a delay in rental payments. Landlords have a responsibility to waive late fees if they continue to accept monthly rent and do not pursue eviction for the unpaid fees. Tenants should investigate whether this is typical in their jurisdiction.

Legal Protections and Tenant Rights

In the event of disputes, tenants have legal protections. When a landlord withholds or fails to report late fees, tenants can file a small claims action. This process is often faster and more affordable than court proceedings. By understanding your rights and taking necessary actions, tenants can avoid financial penalties and ensure fair treatment.

Case Study: Late Rent Due to Pandemic

A tenant in Long Beach faced a similar situation where their employer paid the rent about a week late every month. The landlord deducted a late fee for each payment. The tenant filed a small claims action and eventually won, recovering the full deposit. While no punitive damages were awarded, the case highlights the importance of understanding lease terms and tenant rights.

Concluding Thoughts

Understanding the lease terms and the specific requirements regarding rent payments is crucial to avoid late fees. Certified mail can be a safeguard against such fees, but it is important to adhere to the terms outlined in the lease. Landlords have a responsibility to consider the impact of the pandemic on mail delivery and to treat tenants fairly.

Frequently Asked Questions

Q: Can a landlord charge a late fee for rent sent by certified mail if the mail is delayed due to the pandemic?

A: If the lease requires certified mail, the landlord cannot charge a late fee for delays caused by the pandemic. If not, the tenant should verify the post office's delivery date and keep documentation. It is also important to understand that the due date in the lease is the critical factor.

Q: What should a tenant do if a late fee is deducted from their rent?

A: Tenants can file a small claims action if they believe the late fee was improperly charged or if the landlord continues to accept rent without pursuing eviction. Understanding the local laws and tenant rights in the jurisdiction is crucial.

Q: What happens if a landlord withholds a late fee from a tenant’s deposit?

A: In states where landlords are prohibited from withholding late fees, the landlord must either return the deposit in full or provide evidence of the unpaid rent. Otherwise, the landlord risks eviction and legal action.