Do I need to add +5 day to 30 day rent increase notice?

Question

I mailed my 30-day notice certified mail on 12/1/2022 for an increase on 1/1/2023.

The tenant is protesting that the mail was received on 12/5/2022 and therefore rent increase must be prorated. Is +5 days valid since the notice was mailed?

Theresa Harris · Answer

In the long run is it worth arguing over 5 days?  If they mail you the rent and it arrives late, you can also remind them late is late.

Nathan Gesner · Answer

But in his case, he mailed it December 1st with the intent of getting the tenant out by January 1st. He is 5 days late.

Ben Scott · Answer

Sounds like a savvy tenant that knows his/her rights. I'd tip my cap to the 5-day proration and move on down the road.

Nathan Gesner · Answer

Your tenant is correct. If your tenant mailed you a payment on July 1st and you receive it July 5th, would you consider it paid on July 1st? Of course not.Notice starts the day it was received, not the day it was mailed.

Jorge Liang · Answer

Makes sense thanks!

Do I need to add +5 day to 30 day rent increase notice?

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