kathyedits
Aug 22, 2007, 03:18 PM
I am a tenant in a two-apartment, owner-occupied building. The owner lives in the first-floor apartment and I live on the second floor. I have been having financial problems and some months have not been able to pay the rent on the first of the month. To date, I am paid up, but I will not be able to pay the entire rent on the first of September (2007) -- barring a miracle. I reached out to my rabbi, and he can write me a check for $300, payable to the landlady. I need $750 more to pay the rent.
I am unemployed, and receive unemployment payments from the state. The problem right now is that legitimate unexpected expenses have left me overdrawn in my checking account, so that my next unemployment check (tomorrow) will only clear out most of the overdraft (not even all of it). I could give the landlady another check in mid-September, but not for the full amount of the rent.
I explained all this so you understand the background to my question. If I approach the landlady now (Aug. 22), and tell her I can give her $300 immediately, and the rest as I get it from unemployment, and she knows that I have always been honest and responsible with her about either paying on time or making arrangements for late payments, but she tells me this time that the rent is due on the first of the month and she is going to have to ask me to leave if I don't get her the rest of the rent immediately, what are my legal rights?
I already know, from doing some initial research, that owner-occupied buildings where there are 3 or fewer units, and the landlord actually lives in one of the apartments, are exempted from the "Anti-Eviction Act" (not sure if this is exact name) that states landlords can only evict tenant for highly specific reasons, meaning that I can be evicted for any reason as long as notice is given. I also know that nonpayment of rent is the only time a landlord can sue for eviction in court without giving notice to the tenant. My question is: What constitutes, legally, "nonpayment of rent"? Does it have to be that the tenant directly refuses to pay, or hasn't paid for several months? Or can the landlord start eviction proceedings even if, as in my case, I've always paid either on time or slightly late but never missed a month, and have always tried to work things out with the landlord?
You might also need to know that I have an oral, not a written, lease -- which means in my understanding that the lease is month-to-month.
Any help you can give me will be appreciated.
Kathy Kattenburg
I am unemployed, and receive unemployment payments from the state. The problem right now is that legitimate unexpected expenses have left me overdrawn in my checking account, so that my next unemployment check (tomorrow) will only clear out most of the overdraft (not even all of it). I could give the landlady another check in mid-September, but not for the full amount of the rent.
I explained all this so you understand the background to my question. If I approach the landlady now (Aug. 22), and tell her I can give her $300 immediately, and the rest as I get it from unemployment, and she knows that I have always been honest and responsible with her about either paying on time or making arrangements for late payments, but she tells me this time that the rent is due on the first of the month and she is going to have to ask me to leave if I don't get her the rest of the rent immediately, what are my legal rights?
I already know, from doing some initial research, that owner-occupied buildings where there are 3 or fewer units, and the landlord actually lives in one of the apartments, are exempted from the "Anti-Eviction Act" (not sure if this is exact name) that states landlords can only evict tenant for highly specific reasons, meaning that I can be evicted for any reason as long as notice is given. I also know that nonpayment of rent is the only time a landlord can sue for eviction in court without giving notice to the tenant. My question is: What constitutes, legally, "nonpayment of rent"? Does it have to be that the tenant directly refuses to pay, or hasn't paid for several months? Or can the landlord start eviction proceedings even if, as in my case, I've always paid either on time or slightly late but never missed a month, and have always tried to work things out with the landlord?
You might also need to know that I have an oral, not a written, lease -- which means in my understanding that the lease is month-to-month.
Any help you can give me will be appreciated.
Kathy Kattenburg