Many Texas Real Estate Commission or Texas REALTORS® forms and some statutes state that notices are effective “when mailed” or “when sent.” But the United States Postal Service has advised that mail placed in collection boxes or given to carriers may receive a postmark dated later than the actual day the item was deposited—or maybe no postmark at all.
A postmark dated several days after a document was placed in the mail could raise questions about whether a notice was timely.
To ensure the postmark matches the date of deposit, the USPS recommends going into a post office and asking for the mail to be given a manual postmark, which is applied at no charge. Or you can purchase a Certificate of Mailing.
While some contractual or statutory notices are now sent by email, mail is still commonly used for return of tenant security deposits and for certain termination, demand, or statutory notices. A delayed postmark could create unnecessary disputes or potential liability, even if the sender believed the notice was sent on time.
To avoid issues when mailing time-sensitive documents or notices, you can:
Mail well in advance of any deadline.
Request a manual postmark at a USPS retail counter.
Purchase a Certificate of Mailing to document the acceptance date.
Consider Certified Mail when proof of mailing is important.
Retain receipts or postal clerk-issued documentation showing the date tendered.
When permitted by the contract or statute, use alternate mail services or couriers, email or other electronic delivery methods as these will provide immediate delivery records.