blip2007
11-27-2007, 08:45 AM
Not written in my apartment lease but verbally stated at lease signing was told of a 10 day Grace Period. Bank statement through time shows checks cleared up to 10th. I questioned one stated as (we haven't received and if you have sent it disregard or/and pay 25 for lateness)and contacted bank. ** I have bank copies of check with Complex's Bank stamp on back as the 10th. Sooo, is it still valid because 'they received it by 10th or if stamped 'they had the money' or maybe it still wasn't clear till the 11th technically? This is a good example for grace period things for others as well. Was my check late or on time? Thank you!!! Or, thinking that over all again towards the grace period concept...does it have to be post marked by the 10th?...recieved by the 10th?...or bank has and stamped it on the 10th?....or some how it may have been stamped but funds are not available till the after?
Troubleshooter
11-27-2007, 11:50 AM
It may be the fact that the bank has a policy of holding a check from another bank for up to 5 business days to make sure the check actually clears.
Although you deposited the check on the 10th, it might be the 17th before the amount appears in their account as available money (5 business days is a full week).
blip2007
11-27-2007, 06:38 PM
I got the letter a few days after the 10th. It was written on the 10th and post marked the 10th. This still doesn't answer the legal term of grace period meaning still the question: what is the interpretation? If they had it on the 10th, maybe later that afternoon (after they sent the letter) then they had it or still if they had it what would the law be as to what the 10 period is technically supposed to cover? There would have to be an exact rule for everyone as to how a grace period works with either recieiving it in the 10 days, post marked within the 10 days or an exact amount of days expected as for it to clear and that would give the law rule for it. There should be no question...see? Hope this doesn't come off with wrong vibe, just trying to figure it out legally. Thank you for a response :) :) :)
Troubleshooter
11-29-2007, 07:54 PM
It's usually defined as money that is available for the landlord to spend before the end of that business day.
- Allow a week for mail delivery, plus another week for the check to clear.
- If your bank is the same bank the landlord uses, the check hold time is usually waived by the bank.
blip2007
11-30-2007, 09:55 AM
This is from another web site about legal stuff I had tried as well and what they wrote:
Quote: "Answer:
I am prohibited from giving a legal opinion. I suggest including the 10 day grace period in writing in the lease to clarify the issue and avoid disputes over oral agreements. Typically, payment is considered made when tendered, not cleared, but contract language may vary. "
Nothing against yours and thank you but just more discussion of it as so also others reading about this can make sure to question grace periods if they come up in their situations. I can figure in common sense as to check clearing as well as human forgiveness if a day or two late when sending. :)