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stewart14 · May 26, 2011, 08:48 PM

I received a 3 day eviction notice for non-payment for the balance of that months rent. I cannot pay the balance within those 3 days. I can pay it 3 days after that (excluding the weekend) Will I have time to pay the balance before they start the next step.

RickJ · May 27, 2011, 06:45 AM

Talk to the landlord. It is possible that he would wait 3 more days for your money rather than spend a couple hundred on filing an eviction against you.

If you do make an agreement with the landlord, get it in WRITING.

joypulv · May 27, 2011, 06:54 AM

It is never a good idea to get into the habit of paying late and paying partial rent (you say 'balance'). You may be evicted sooner or later, or terminated at the end of your lease, because you are habitually late or not paying the full amount when due each month. It won't matter if you get caught up or not; if he wants to finalize the eviction, he can.

stewart14 · May 27, 2011, 08:51 AM

Thank you for your answer. This is the only time since I have been renting from my landland that I have made a partial rent payment. I have been renting from them for a year and a half. Can the landland terminate my lease anytime? If they do, what kind of notice do they have to give me?

stewart14 · May 27, 2011, 08:54 AM

When I did give them the partial payment. I explained why. But still got the notice. I plan on paying the balance plus the late fee in 5 days.

joypulv · May 27, 2011, 03:48 PM

We need to know what state you live in to tell you the tenant laws and eviction procedures there (or you can look it up online).
Some basics in most places:
You need to read the original lease, if it was a one year lease and renewed automatically, to see if you are on another year or are now month to month, tenant at will. A LL can't terminate a lease for illegal reasons. He can end it at the end of it's term (30 days or 60 days notice if tenant at will), or he can evict you. It should also tell you what the terms are for late rent. As I stated, the LL can follow through on this set of steps for eviction. He might not. Telling a LL why you are late is not meaningful; they hear all sorts of reasons, and are often set up on a computer to spit out the notices. They start with the 3 day notice to get you to pay, and what they CHOOSE to do next we can't possible know. When you go pay the balance and late fee, talk to them again, and try to convince them why it will never happen again.

ballengerb1 · May 27, 2011, 04:39 PM

I think your LL is just hedging the bet in case you don't pay, this way the eviction clock is already ticking. Where do you live, do you have a written lease and you do now you can't be evicted in 3 days. That's likely a quit notice, if you don't vacate then the LL can go to court and start the eviction process which can easily take another month or more.

ScottGem · May 27, 2011, 05:04 PM

First ANY question on law needs to include your general locale as laws vary by area.

Second, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

A LL is constrained abut what they can do, but not completely. Apparently your area uses a 3 day pay or quit notice for non-payment. If you don't pay or quit then the next step is to file for an eviction order. This means scheduling a hearing. Usually, if you can pay in full before the hearing, it will be allowed.