[genisisdawn]

My landolord is going to court tomorrow to get me evicted. She says I am way behind on rent but I have receipts wich state rent is due on the 25th. I won't have the money till the 27.and she said that was too late. I asked her about the other time I've paid the 25 and she says she was letting me pay late because she felt sorry for us. Is there a way I can fight this? Or at least get my stay extended? I don't want a free ride I just need help in these hard times. And what do I need to do with my receipt that says rent is due on the 25th. Go to a notary public and get it noterized or what? I'm lost pleae help me.

[Fr_Chuck]

Has your landlord provided you with a pay or quit notice.

Also do you hve a lease ?

But you go to court after they file for an eviction to the hearing and produce your evidence, no notice before, only two days late.

The notary only witnesses where you sign, does not make it more legal

[nikosmom]

First what does your lease say? It should state the due date, grace period (if any), and eviction procedures. Check also to see if there is a clause that states the maximum number of "late pays" allowed.

Most leases state rent due on the 1st, considered "late" after the 5th (which may assess a fee for late pays) and then what the cutoff date is (usually the 15th) where the landlord will commence eviction procedures. So if your lease says that your due date is the 25th, this is key.

Typically landlords would prefer to have you pay because court proceedings can get costly and time consuming for them. But if you've been consistenly late and therefore broken the provisions of the lease, she can exercise her right to evict you according to the rental agreement you signed upon moving in.

You said you have something written on your receipts but do you have it written somewhere with her signature saying that she is amending the rental agreement and giving you a new due date? More than likely you would have had to sign as well because the term of the contract were being altered. (Or is this just a signed receipt acknowledging that payment was received on the 25th?--- Two very different things.

[ScottGem]

The issue is what your lease says. But if you have been chronically late, then the landlord can evict you.

However, the first step is not to go to court. They have to give you a 3-10 day pay or quit notice or a 30-60 day termination notice. If you let the deadline pass without taking appropriate action then the landlord goes for an eviction order.

[genisisdawn]

First what does your lease say? It should state the due date, grace period (if any), and eviction procedures. Check also to see if there is a clause that states the maximum number of "late pays" allowed.

Most leases state rent due on the 1st, considered "late" after the 5th (which may assess a fee for late pays) and then what the cutoff date is (usually the 15th) where the landlord will commence eviction procedures. So if your lease says that your due date is the 25th, this is key.

Typically landlords would prefer to have you pay because court proceedings can get costly and time consuming for them. But if you've been consistenly late and therefore broken the provisions of the lease, she can exercise her right to evict you according to the rental agreement you signed upon moving in.

You said you have something written on your receipts but do you have it written somewhere with her signature saying that she is amending the rental agreement and giving you a new due date?? More than likely you would have had to sign as well because the term of the contract were being altered. (Or is this just a signed receipt acknowledging that payment was received on the 25th?--- Two very different things.

Funny thing is I have never signed a lease. Everything is verbal. It's a low cost boarding house and she doesn't really keep her straight. So with no lease signing does that go FOR or AGAINST me?