Late Rent Money Order with a twist

[Jason Minnich]

So in searching the forums before posting I found a LOT of people asking what to do when their tenants say the check is in the mail. Typically the story goes a bit like this: Rent due on the 1st, late on the 3rd-5th and the landlord/PM starts calling after its late. If the tenant answers they say "the check is in the mail". And then they are asking what to do. The common response is send a 3/5/7 day notice to quit and if nothing shows up file for eviction after you wait.

Many say their situation is unique, their tenant is normally good for it, etc etc, but the comments almost always say "The check is in the mail is a LIE".

Now for my fun situation. My tenant has been late once before. He called me up 3 days before the first and said that his wife screwed up the bills and he would have the money to me as soon as possible but wasn't sure it would make the 6th (in Cali its 1st + 5 day before its late). I said I understood, if it didn't make it I would charge the late fee. He said he understood, the check arrived on the 7th and the next months check included the late fee. Everything worked out as it should. I have an online system that posts a reminder to both our emails on the 20th, and automatically posts a late fee on the 6th if I haven't entered the payment yet. I have met the tenant (in fact I flew out to get a judge of character on him after that other incident) and he seems very legit.

Fast forward to December, all the automatic stuff happens, and I get a text on the 5th asking if I've gotten rent yet. "Nope but I will keep checking." I check the mail religiously and there was nothing :(. I check again yesterday and again today, plenty of junk mail, no rent check. And now this is the part that is a bit different than most folks. He claims to have sent the rent on Saturday and sent a money order, to which he has provided a picture of the receipt and bank draft.

Here are some particulars of the facts around our situation. The subject property's town is in California, and given he claims to have paid Saturday, if it was after the one truck left for the regional sorting facility nothing would have happened until Monday. I am in Dayton and typical mail from the west cost arrives in 4-6 days, again, we are within the window of time it could feasibly take a letter to reach me.

So loving masses, what do you think I should do? My tenant asked to call me tomorrow to figure things out. I have suggested ACH payments but he is not interested in something like that at this time. I also have suggested PayNearMe but I am in the process of getting that set up and I'm not sure he is keen on paying rent at a 7-11 (we'll see). Any advice or suggestions let me know!

Thanks,
Jason