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I lived in an apt for 2 yrs. On the lease it says rent is

Customer Question
due on or before the...
I lived in an apt for 2 yrs. On the lease it says rent is due on or before the 3rd of the month. after that its $75 late fee. for over a yr I dropped my rent check in the drop box after the office was closed, but still on the 3rd. The lease doesn't specify the time its due, just the date. I got charged the late fee on the 4th for about 5 or 6 months at the end of my second yr. Can they legally charge me for not having the check to them before the end of the business day? I looked at my lease several times and it doesn't say. I live in KS
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Kansas
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 24 days ago.Category: Landlord-Tenant
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Answered in 6 minutes by:
11/18/2017
Lawyer: Roger, Attorney replied 24 days ago
Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,813
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist.

If the lease doesn't say the payment must be turned in by the end of business on the 3rd, or by 5PM, etc., then you should certainly have a valid defense to any charge of a late fee since it doesn't sound like you were technically late under the lease if your payment made it to the drop box by 11:59 PM. Also, the fact that the landlord has a drop box would suggest that they expect payments after hours.

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Roger
Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,813
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Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

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