The manager of where I'm at gave me a notice on the seventh for the 5 day or quit. Yet he posted it on my door the 7th. But on it said he gave it to me on the 5th which he didn't . I don't leave my house at all cause of a mental condition. I now have given him 360 of my rent and he said he's going to the court to do a lock out. Is that legal? He verbally told me I had another week to pay the hundred yet he's filing on me anyway. How can I fight this? Do I go to court today ask the people who owns the apts or what? Since I have moved here he comes over and borrows stuff. Even took money off my counter once. He yesterday said he rented a carpet shampooer and today I have to leave for 2 hrs so he can clean it. I've been here a month my carpet is clean and no spots. Can he just come into my apt anytime he wants? I thought he had to have a notice. *** help ty

He should have served you with a 3 day pay or quit (if they would like you to stay)... then filed for eviction to have your stuff put out on the street after 30 days.

Those are the legal procedures.

If you want to stay, then you have to pay.

You said you are home all the time... He told you he was going to do this work... he followed the procedures. You aren't required to be there when he does the work. He's only required to give you advance notice of non-emergency work or repairs. And he hasn't walked in to your empty apartment with no notice. If they were emergency repairs they don't even have to tell you.

From what you have said... he has followed the law... and its you who have not complied with the terms of the lease.

He doesn't even HAVE to serve you a pay or quit, not in most cases... as soon as you are late you are technically in breech of the lease and they can have you evicted via the courts. If you pay up in full in those three days the contract breech is remidyed and eviction is much harder.

THey don't HAVE to give you extra time to pay. In fact they would be dumb to do so, do it once then you are expected to do it twice... then three times then it becomes a regular thing. They gave you a pay or quit... that gives you THREE days to come up with the rest and late fee. You are under no legal entitlement to take as long as you want to pay the full amount owed, under any circumstances.

Hello b:

If the landlord accepts PARTIAL rent, then ALL legal proceedings STOP. Plus, he CAN'T lock you out even if you didn't pay part of your rent. IF he locks you out, you can sue him for BIG BUCKS.

Your landlord can enter your apartment in case of emergency, and for NO other reason. DON'T let him in. IF he tries, call the cops.

If you have more trouble from this landlord, and you will, I'm here to help. Don't let him buffalo you.

excon

EX... the landlord did give him advance notice in advance of non-emergency work they want to do. Its not too clear in the post but he did mention it earlier on.

Hello again,

Yes, I mis-spoke. The landlord, of course, can do maintenance work with proper notice... Shampooing the carpet ISN'T routine maintenance, though. It's stuff you do WHEN the old tenant is GONE. I would STILL refuse him entry to do that.

excon

He sort of rambled and said contrary things... Figured you missed it. Wasn't hard to do.

As far as carpet... I've had landlords that did it several times a year (light tan colored carpets), for upkeep. Only minor inconvienience for a cleaner place. As long as they notified you in advance of course

If you don't work, do you receive a monthly government benefit at the beginning of the month, and if so, why would you only pay a portion, and on your second month there, and why wait until you are forced? It's possible that all this is designed to get you to realize that you can't just pay rent when you feel like it, and in amounts you feel like paying. If you can't leave the apartment to cash your check, a social worker can. Or open a bank account with direct deposit.