Legal notices are integral to exercising rights under contracts and must be sent timely and via an appropriate method in order to be valid.  These communications may include rent payments, default notices, termination notices, renewal notices, and other time-sensitive contractual communications and/or notices.  Postmarks are commonly used to determine when mail was sent and whether or not the mailing was timely.  If contractual notices are not sent or received by the agreed upon timeline, the notice will likely be deemed late and become ineffective.  This may mean, for example, that a party attempting to exercise an option to renew a commercial lease loses that option if the notice is not timely postmarked.  It is critical that contractual notices are sent on time and delivered in an approved manner.

The New USPS Postmark Rule:

On December 24, 2025, the USPS issued a final rule that changed how mail is postmarked. Historically, mail was postmarked on the day it was retrieved from a mailbox.  Now, mail is postmarked on the day it reaches a processing facility. Importantly, this will likely not be the day that the item was placed in the mail and, in fact, may be a few days after that.  This change creates the possibility that legal notices which are deposited in the mail on time may become late based on the date of the postmark.

How to Avoid Delays:

There are some alternative options available to ensure that mail is postmarked on or before important deadlines; however, it is important to review the contract and determine the acceptable method(s) of delivering notices:

• Send the item via certified or registered mail. The receipt will indicate the actual mailing date and the sender will have the ability to track the item and obtain a record of delivery.
• Avoid mail drop boxes and obtain a manual postmark. Present the item at the retail counter at a USPS location and request that the item be hand-stamped with a postmark at the time of acceptance by USPS.
• Send the item with an alternative shipping service, such as UPS or FedEx. This option provides the ability to track and confirm delivery of the item. However, this may not be available if the delivery address is a P.O. Box.
• Use online or electronic options, such as email, if possible. This may not be possible in every circumstance. For example, many contracts do not permit formal notices to be sent electronically.

If you think you may need to send a legal or contractual notice, you should give additional time, if possible, to prepare and send the notice.  The Corporate & Business Law attorneys at Lasher are here to help.