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No Worries
by ERIC
on January 27, 2013 @00:13
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One day late, on a holiday weekend, is not an issue. The intent is what the judge will look for. A month late would be too long.
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Re: No Worries
by Al (CT)
on January 27, 2013 @08:37
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Eric, I don't believe you're correct. While a judge may be lenient, the point is that as a landlord and a business owner, she had a responsibility not to wait until the last minute.
She had 21 days and waited until the last minute, and is now using the holiday as an excuse.
Is it acceptable for your tenants to be a day late with the rent? Holiday or not, it should be paid or postmarked before the due date.
If this went to court, she needs to be prepared for both outcomes, one of those being the judge awarding the tenant triple damages for not returning the SD on time.
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Re: No Worries
by ERIC
on January 27, 2013 @09:34
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If you dropped into the PO on a Friday afternoon after pickup, it would not be postmarked until the next business day. The tenant would not have received it any sooner. No different than when you main in your taxes.
As always, when in Court, you need to prepare for both outcomes. If it was shorting a tenant out of a 3/5/10/30 day notice, that is different. The tenant is not harmed in any way. No way the tenant would win. They would probably be chastised for even bringing it up.
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Re: No Worries
by Al (CT)
on January 27, 2013 @10:27
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It would be prudent to not put yourself into the situation where it's left up to the whim of a judge. Judges in a lot of states are very tenant friendly. They expect the landlords to adhere to the laws regarding security deposits.
If it was put into the mailbox after mail pickup on a Friday then IT IS STILL LATE. It should be been mailed any time within the 21 days required by law.
Late is still late no matter how you try to spin it, Eric.
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