QUESTION

Are bank processing or clearing times for rental payments the responsibility of the landlord or the tenant?

Asked on Feb 03rd, 2014 on Landlord and Tenant Law - Idaho
More details to this question:
My landlord and I have agreed to use Paypal for my rent payments, as the service is convenient for me (no checks to write) and for my landlord (no waiting to deposit checks at the bank). My lease states that my rent payment is due by the first of the month, but recently my landlord has been asking me to email her the rent no later than two business days before the first of the month, because it takes 2-3 business days for the electronic payment to clear her bank account. From what I understand, if the lease states rent is due on the first, my responsibility is to make sure my payment is delivered to my landlord no later than the first, whether it is a physical check or a Paypal transfer, and that bank clearing times are not my responsibility. Is this assumption correct?
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2 ANSWERS

I would agree that if you tender by the first the processing time is the landlord's issue. However, if this doesn't pose an issue for you, why not do it?
Answered on Feb 05th, 2014 at 4:06 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Your assumption is correct. If you gave her a check on the 1st, she would still have to wait for it to clear.
Answered on Feb 05th, 2014 at 4:01 PM

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