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I told my landlord that rent would be late due to family illness and being out of work therefore my pay was docked. The rent is 2 weeks past due and I have told him I would pay the late fees, etc. I got a text message demanding the rent today. I had told him I would have it paid before rent was due again and then pay the rent on time and be all caught up. Can he evict me now? If he gives me a written notice how much time do I have to pay before he has to cancel the written notice?
Test messaging is not considered valid "delivery" of a notice like that.Quote:
Originally Posted by summer819
Eviction notices must be delivered to your door.
... so you have no worry of being evicted that quickly, but I'd still suggest you either call or visit him to confirm that he got your response... and ask him if he'd please be patient.
How much time you have to pay from receiving a written notice depends on your area. But it would be listed on the initial notice. I doubt, if he can get an eviction before you are ready to pay.
However, I would suggest that other bills should be allowed to be late before your rent. Rental or mortgage should always be the FIRST bills paid. Food and utilities come next.
Sounds like your landlord is being very stuffy.
In some states YES... you need to pay your rent ASAP. If your LL goes to an attorney, things will roll quickly toward an eviction.Quote:
Originally Posted by summer819
If your rent was not paid on time where I am at, yes you could be, some landords area tired of being burnt by various tennants, they are late, say they will pay by the next month, then they don't and they have to start all of the eviction then. So most esp if they have had a lot of bad experiences
They will be less trusting.
Most landlords have been told that the rent will be caught-up before the next months is due. Unfortunately this is often said by Tenants to delay the eviction proceeding to gain another month of non-payment.
I'm not saying that is your intent. You probably are being truthful with your reasons for the rent being late.
Other not so swell tenants have turned your landlord sour by abusing their understanding/forgiving mechanisms.
So the LL starts the eviction process right away. Unless the LL does the eviction themselves, and instead uses a eviction lawyer
It is costly for the LL to evict you.
Try to get your rent caught up even if you have to borrow it, for go other bills that need to be paid. A eviction on your record will cause you much grief in the future. Not to mention the amount of $ it will cost you to move.
The security deposit on the next place you rent and if they charge 1st and last. Plus all the hassle. Perhaps even more time off work to
Get that all done.
To answer your original core question.
The Landlord must issue you a 3 day notice to pay or quit. Most LL's will consider that a 5 day notice because it needs to be week days.
Not weekends for that type of notice. What it means is simply pay the rent owed in 3 days or quit the property meaning, move out.
If you do neither then a unlawful detainer is filed which is the beginnings of the eviction process. Depending on the state laws. I have seen evictions completed with lock-outs in 35 days in California. Yup darn quick.
You can go to one of the following places and ask for help paying your rent.
1>Center of Concern
(aka House of Concern)
2>The Church of Jesus Christ of Latter Day Saints
(Don't have to be a member of their church.)
3>Your local Red Cross
They will not give you cash. They will give you a check to your
Landlord for your rent.
I'm a retired Social Worker and these are sources
We used for several of our clients.
Best of Luck.
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