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can i be evicted for one late payment?

Asked Nov 16, 2011, 10:13 AM — 8 Answers
Hello,
I am actually a tenant and I received a letter a few days ago regarding non-payment of rent. It was due by 11/5/2011 and I received the notice on 11/14/2011. It says that if the rent plus late fee is not remitted by 8:30 am Thursday 11/17/2011, they will file for possession of property and start court proceedings. I am disabled and can rely only on a disability income. The money order for November rent was stolen. I spoke to the manager and offered to make a double payment on the next rent date in December. My question is, Can I be forced to leave the premises on Thursday morning if payment is not received or do i wait for an official eviction notice?

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8 Answers
LisaB4657's Avatar
LisaB4657 Posts: 3,491, Reputation: 2607
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#2

Nov 16, 2011, 10:28 AM


They can't legally force you to leave the premises on 11/17. If you don't pay in full or leave voluntarily on that date then they can file a lawsuit for eviction. If you haven't paid in full by the court date then they can have you legally evicted. It's possible but unlikely that a court date and eviction will be scheduled before 12/1.
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kamalia14's Avatar
kamalia14 Posts: 4, Reputation: 10
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#3

Nov 16, 2011, 11:16 AM
Thank you, Lisa B. What if the letter I received says they will not accept the payment after 11/17 at 8:30 am?
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LisaB4657's Avatar
LisaB4657 Posts: 3,491, Reputation: 2607
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#4

Nov 16, 2011, 11:28 AM


If they refuse to accept the payment then you can pay it into the court after they file a lawsuit. The court will accept it as long as it's the full amount due as shown on the complaint. But try paying the landlord first anyway.
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JudyKayTee's Avatar
JudyKayTee Posts: 45,328, Reputation: 23503
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#5

Nov 16, 2011, 11:30 AM
They will FILE for possession of the property if your rent is not brought up to date prior to 8:30AM on November 17th. There will then be a hearing. You will then be evicted.

Yes, you can be evicted if one rent payment is late.
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kamalia14's Avatar
kamalia14 Posts: 4, Reputation: 10
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#6

Nov 16, 2011, 11:41 AM
Thank you so much. You have no idea how worried I was. This was so helpful. I am hopeful that they will just allow me to make a double payment next month.
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kamalia14's Avatar
kamalia14 Posts: 4, Reputation: 10
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#7

Nov 16, 2011, 11:43 AM
Thank you as well, JudyKay. Also helpful information.
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LisaB4657's Avatar
LisaB4657 Posts: 3,491, Reputation: 2607
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#8

Nov 16, 2011, 11:49 AM


My pleasure. Good luck!
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#9

Nov 16, 2011, 12:21 PM
Have you reported the money order stolen, and contacted the money order company for a refund ?
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