Legal Question in Landlord & Tenant Law in Virginia

My landlord pretends to receive rent payments late so he can collect an extra $75.00. However, he refuses to show the postmarked envelope, which would show he has not received the rent late. According to the United States Postmark Prompt Payment Law, Section 2606, if payment is �required to be made on or before a prescribed date, such payment shall be deemed received by the payee on the date of the US postmark stamped on the envelope or other cover in which such payment is mailed.� But the landlord claims that the VA State Corporation Commission told him that a postmarked envelope is not considered proof of the date payment received. He also claims VA SCC told him that the only proof is registered mail with a return receipt. If this is so, then he can "say" the rent is late when it isn't. I searched through Virginia code and could not find anything on this. Please clarify this for me, because I am 100-percent certain he is not receiving late rent payments from me.

Asked on 12/19/09, 2:45 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Tell this landlord that you'll see him in court in regard to any late payments alleged and that then the judge can decide who's right and who may owe

additional fees/damages in regard to this matter.

Answered on 12/24/09, 8:32 pm

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