Landlord asking for late fee.

[Steven Oatch]

So my landlord reached out to one of my roommates this morning about never receiving this months rent check. We checked the tracking number and it showed as "Customer not available or business closed". This happened multiple times a day from March 4th to the 9th when the check was then made available for pickup at the FedEx location on the 10th. They are now requesting a $50 late fee from us since it is now after the 11th even though the fault was on their end for not being available. They also stated that if they do not receive the rent check and late fee that they will send a 3 day notice to vacate the premises. The landlord has the tracking number showing the dates and times of all attempted deliveries as well.

Are my roommates and I in the right to refuse sending this late fee since the issue was not our fault and the fault of the landlord?

Some info. I live in California and we have never had an issue, in my 3yrs or my other roommates roughly 8yrs of renting from this place, of the landlord not receiving the rent check on time. Rent is due no later than 5th. Thank you.

[Mary M.]

@Steven Oatch I dont think you have anything to worry about. I would not pay the late fee.   I would, if I were you, read the CA tenant/landlord law and then you will know your rights. 

Finally, suggest you check tracking each month to ensure it gets delivered. If there is ever an “attempted, business closed” again, immediately contact the LL , or better yet - email the LL when you send the rent with the tracking number. 

Good luck