Legal Question in Landlord & Tenant Law in California

I have been renting a house for 2 years in Oakland, CA. As of 7/10, my July check was not received by my landlord, who lives in New Jersey. I mailed it 6/28, allowing 4 days to get there. She now wants me to pay a $170 penalty. Can I hold the USPS liable for not delivering the mail in a timely manner and didn't I do my part by mailing the check on time? This never happened before.


Asked on 7/15/13, 2:12 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

The Post Office does not guarantee that mail will be definitely delivered, so you can not sue them [and it would not be worth the filing fee and time you would have to spend in Small Claims Court]. The penalty seems excessive; there is some case law suggesting that the penalty for a late charge should bear some relationship to the damages actually suffered. I do not believe the Oakland Rent Control Ordinance covers the situation but you should check. Point out to the landlord that you have paid on time for two years, attach a copy of your check register entry showing the date you wrote the check out, and see if they will relent.

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Answered on 7/21/13, 5:53 pm


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