Legal Question in Real Estate Law in Virginia

Late payment of rent...Postmark or bank posting?
Hello:
I rented a townhouse for 5 years and spoke to the landlord about four times total. He has deducted a large sum of money from my security deposit for late payment of rent. I had agreed to send the rent payments to his bank and always did so no later then the 2nd of every month. In 5 years he claims that I paid late 31 times. The lease states:
''...If any installment of rent is not received by the Landlord within 5 days from the due date the tennent will pay a late fee..''...''Due on the 1st day of each calander month...without notice, offset, or demand.''

Can he hold funds because the money was not posted to his account? I cannot control the USPS or when his bank opens the mail. In addition, in 5 years never gave any indication that the rent was paid late and actually renewed the least 3 times.

Should I take him to small claims?

Thank YOu
Luther

Asked on 8/05/02, 3:23 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Late payment of rent...Postmark or bank posting?

There are questions of fact here, which may have

to be resolved in court if you and the landlord cannot come to an agreement as to what the

essential terms of the lease actually meant.

Answered on 8/05/02, 6:56 pm

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