I have been renting my apartment for 5 months now. I have an agreement with my landlord that the rent is due on 25th of each month but I am allotted a 5 day grace period, where thereafter I would be charge a $75 Late fee. I have always paid made sure to pay my rent no later then the 3rd day. She has always accepted my payment and never expressed any issues as to when she was receiving the rent.

On Firday, October 28th, I deposit my rent payment(still within the 5 day grace period), She confirm that she received the payment on Saturday. On Tuesday, she sent me a certified letter asking me to vacate the premises by the 24th of November due to Non-Compliance for inconsitency delay in rental payment. She claims that I have been continuously late on my rental payment, When I always make sure I ay my rent before the 5 day grace period. She has never give me any prior knowledge of any non-compliance. But now she is asking me to vacte by the end of the month after she has accepted my money. Can she do that?

Your rent is due on the 25th. Unless received by the 25th it is late. The grace period just means you don't get charged a late charge. It doesn't mean you aren't late. You have been abusing the privilege and the landlord finally got tired of it.

On the other hand, you can talk to her and apologize and tell her your rent will be on time in the future. If you do not vacate by the deadline, she will have to file for an eviction. This means a hearing and if you explain that you received no warning they she felt you were in non-compliance I doubt if the eviction would be granted. Also I don't think she gave you enough of a notice unless you are a month to month tenant.

"abusing the privilege'" ? Granted I am new on renting, but as long as I have been paying rent She has never express any frustration about receiving the rent with in the 5 day grace period. I have tried 2 talk to her but she refuse to talk to me.

I know she can not evict me because she failed 2 go through the proper procedures through court. She served me a notice 2 vacate without the Op/ to cure. My lease agreement is for a year. What is the proper amount of notice that she suppose to give me

First, please don't use the Comments feature for follow-up. Use the Answer options (at the bottom) instead.

I agree, for the landlord to terminate your tenancy without expressing any frustration is unethical. That's why I feel a court will side with you as long as you promise to pay on time in the future. But its not a given and they could order an eviction. There is no issue of an opportunity to cure though. The fact is your lease specifies when rent was due. Its due the 25th, not 3-5 days later. You apparently have misunderstood what a grace period is. And since you have consistently paid your rent late, but never so late that it would invoke the late fee, it could be interpreted that you were abusing the grace period.

There is also the factor that clearly she no longer wants you as a tenant so do you really want to force her to allow you to stay?



Since you have a lease, then she was required to give 30 days notice.

Agree, first was the 5 day grace period in writing, in the lease ?

But also if it is past the 25, it is late, and while no fee was due, it is to be expected on the 25, and if you were always late you can be evicted with notice for violation of lease terms.

As for the notice, the first notice you receive is not though the court, she gives you notice to move, if you don't move, she then files for eviction though the court.

Depending on how long and how many times you were late, may show they were accepting this prior, if you just rented it a few months ago and every payment has been late, you may have little defense

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Originally Posted by TaniDes

... On Tuesday [November 9th], she sent me a certified letter asking me to vacate the premises by the 24th of November ...

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Quote:

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Originally Posted by ScottGem

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Since you have a lease, then she was required to give 30 days notice.

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Just to be clear: she has not given a proper 30-day notice. She will have to do it over again.