Are bank processing or clearing times for rental payments the responsibility of the landlord or the tenant? 5 Answers as of February 05, 2014

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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MatthewR. Schutz, Esq | Matthew R. Schutz
The rent is paid on tender. That is when you put it into PayPal you have paid the rent. Unless the lease provides otherwise you are not under an obligation to pay early. Even if there may be an obligation in NJ you have 5 days grace unless the lease provides for more.
Answer Applies to: New Jersey
Replied: 2/5/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Your landlord is correct. It is your responsibility to see that the landlord RECEIVES payment by the 1st. I mailed it on the 1st, I made PayPal arrangements on the 1st, etc is not payment on the 1st
Answer Applies to: New York
Replied: 2/5/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Your assumption is correct. If you gave her a check on the 1st, she would still have to wait for it to clear.
Answer Applies to: Idaho
Replied: 2/5/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
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?
Answer Applies to: California
Replied: 2/5/2014
Law Office of Richard Winkler | Richard Winkler
You are right and you are wrong. The bank clearance issue is not your problem. But your landlord also has no obligation to accept PayPal if your lease makes no mention of it as an acceptable payment method.
Answer Applies to: Rhode Island
Replied: 2/5/2014
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