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    tony_dee67's Avatar
    tony_dee67 Posts: 1, Reputation: 1
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    #1

    May 21, 2008, 06:37 PM
    Late Rent For May 2008
    Is there a difference between renting a house or an apt when it comes to the notice given for late payment of rent? My rent has been late for this month. I explained to homeowner situation and that I will have his rent this week. 1. Can he refuse to take the rent? 2. If he refuses to take the rent, does he still have to give me a late notice in writing. 3. Do I lose my $1700 deposit that I paid via money order. 4. Can he verbally tell me over the phone to "Have the rent in 5 days or get out of my house", without any paperwork or notices.

    I reside in Florida.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 21, 2008, 07:25 PM
    Quote Originally Posted by tony_dee67
    Is there a difference between renting a house or an apt when it comes to the notice given for late payment of rent? My rent has been late for this month. I explained to homeowner situation and that I will have his rent this week. 1. Can he refuse to take the rent? 2. If he refuses to take the rent, does he still have to give me a late notice in writing.? 3. Do I lose my $1700 deposit that I paid via money order. 4. Can he verbally tell me over the phone to "Have the rent in 5 days or get out of my house", without any paperwork or notices.

    I reside in Florida.


    This question has been posted before - let's see what I can remember!

    Do you have a lease? What does the lease say?

    Laws are no different for house than for apartment.

    If your rent is late the homeowner has the right NOT to accept it and to evict you - if he evicts you, you still owe the past-due rent and possibly rent for the term of the lease, although he would have to mitigate his loss in every State but California.

    In NYS I have been in the Courtroom when the tenant has appeared, rent in hand, and the landlord has refused to accept it and the tenant has been evicted. A rental agreement is a contract and you have breached it.

    I don't know what you mean by a late notice but he DOES have to legally evict you - he can't just tell you get out. You must be served with legal papers.
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