Question: My question concerns residents who deposit their check in the rent drop box after the due date. The lease provides that rent is due on the first and if it is not received by the fourth it is considered late, and a $25 late fee is imposed. On the morning of the fifth, the rent drop is emptied and any checks received after that time are deemed to be late. Each month there are a few residents who put an earlier date on the rent check and drop it in after the fourth. How should we respond to this situation?
Answer: It makes no difference when the check is dated. If the check is delivered after the fourth, the tenant owes the late charge. By dating the check earlier, it only raises a question of proving when the check was first received. So long as you can demonstrate to the satisfaction of the court that the check was delivered late, you should be able to enforce the late charge.
Question: I just received a Notice of Filing of Discrimination Complaint from the California Department of Fair Employment and Housing. What do I do?
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