Past Due, what day? (we are in STL, MO)

Were having a hard time getting back on our feet after several rounds of layoffs and we know were usually a couple days dropping off a check (3-6 is common), we know this we acknowledge this.

But my question is that my landlord dropped off a notice of 6 months of late payments due. Claiming were between 36-39 days late on rent for the last 6 months. However, when I go back, look at the carbon copy of the checks, compare them to when the check came out of our bank account, there's days, sometimes even weeks differences. To us it appears he charging us late payment fees from when the money cleared his bank account, not when the check was received.

It is December 30th, he claims he never received rent. We dropped off the check December 3rd or 4th. The money left our bank account on December 18th.

Right now, he claims we owe him $3300 in late fees for 6 months.

Can he do this? (we are in STL, MO)

Unless there is a grace period in the lease, your rent is due on the 1st, not the 3rd or the 6th. There is no mandatory grace period in your state. If you failed to pay rent on the date it was due, you owe late fees for each month it was late. Does your lease state a flate rate late fee for paying the rent late? Multiply that times the number of months the rent was late.

Rent is late if the money is not received by the LL and is available for his use. If there is a delay on your checks for some reason and the LL cannot access the money until after the date it is due, you owe late fees up to the date the cash is available to him. (You should be sending checks early, so that he can have the money on the 1st of each month.) Why is it that your checks are not clearing for so long? If you sent it on the 4th and he deposited it that day, it should have cleared long before the 18th. Contact your bank and ask when the money is deposited to his account (the same day it clears your account, or a few days later). You owe late fees up to the date it is available, assuming he deposits it the same day he receives it. You need to check with your bank now!

That said, although I have no idea how much your rent is, $3300 is too high for late fees. (Does that also include this month's rent? Most judges will limit the amount of late fees to a portion of your rent (although there is no specific statute in your state to limit this). They usually cap per day fees or flat rate fees at 10% of the rent. Calculate 10% of your rent and multiply that times 6 months. You owe him that amount in late fees most likely. Pay it immediately. If this dispute goes to court, the judge wil most likely award him that amount.