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-   -   Can I be evicted for one late payment? (https://www.askmehelpdesk.com/showthread.php?t=612718)

  • Nov 16, 2011, 11:13 AM
    kamalia14
    Can I be evicted for one late payment?
    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?
  • Nov 16, 2011, 11:28 AM
    LisaB4657
    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.
  • Nov 16, 2011, 12:16 PM
    kamalia14
    Thank you, Lisa B. What if the letter I received says they will not accept the payment after 11/17 at 8:30 am?
  • Nov 16, 2011, 12:28 PM
    LisaB4657
    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.
  • Nov 16, 2011, 12:30 PM
    JudyKayTee
    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.
  • Nov 16, 2011, 12:41 PM
    kamalia14
    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.
  • Nov 16, 2011, 12:43 PM
    kamalia14
    Thank you as well, JudyKay. Also helpful information.
  • Nov 16, 2011, 12:49 PM
    LisaB4657
    My pleasure. Good luck!
  • Nov 16, 2011, 01:21 PM
    Fr_Chuck
    Have you reported the money order stolen, and contacted the money order company for a refund ?

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