Legal Question in Landlord & Tenant Law in California

Is rent considered on time based on day sent or day received?

When is rent actually considered as paid on time if you are required to pay by mail? If due on the 1st does that mean they have to have received it by the first or that it has to have been sent by the first? If I want to get a tracking # as proof of it being mailed but the first chance I have to do so is the 1st is that fine since the date I'm surrendering the check to the PO is the date due and thus the same date I use to have to surrender it to onsite management when allowed to deliver in person?

Same question regarding 3 day notices to pay or quit. If you respond by sending a new replacement check on Day 3 (which since they typically deliver these on weekends & thus your first oportunity to actually go to the PO is the 3rd day) is that fine? They obviously won't get it within the 3 days but it was sent within those days? Is that enough?

Bottom line is landlord is not reasonable and simply not accepting payments to try to make it look like I'm not paying. I've been tracking things with mail receipts and tracking numbers but reality is mail is often slow/lost and when sending small envelopes (rent sized) I've notice mailmen often forget to scan the tracking # when delivering, so I can prove when sent but not when delivered.


Asked on 4/12/06, 8:29 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Is rent considered on time based on day sent or day received?

If the lease or landlord requires that you personally deliver the rent check, then that's what you should do. If that's not the case and there's a three-day notice pending, placing the check in the mail creates a presumption that the owner received it on the date posted if one can show proof of mailing to the name and address provided by the owner. See California Code of Civil Procedure section 1161(2): http://caselaw.lp.findlaw.com/cacodes/ccp/1159%2D1179a.html. Hope this helps.

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Answered on 4/12/06, 11:52 pm


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