[amw1025]

I have been renting from the same landlord for three years. I have always paid my rent on time (even after the LL raised the rent last August by 50 %with the exception of a few late payments. But I never let it go longer then two weeks. In February, I did fall behind about 280.00 on the rent, however, he accepted the payment that I made to him in the amount of 300.00 on march 1,2008. Our agreement for the payments is half of the rent on the first and the 15th of each month. When I paid the 300.00 for feb. back rent , the left over 20.00 was to be applied to my first payment on march's rent.Then on March 6, out of the blue I receive a letter delivered by fed ex, from the landlord acting as if I am still behind on feb. rent and in the same sentence , he says "unless that is what I picked up on march 1. The last paragraph he starts demanding march's rent upfront (unlike our agreement)or he will have to begin the eviction process. Then on the march 10, I receive a second letter ,delivered by fed ex, that is dated just two days after his first letter that is a notice of eviction. I will admit that I am a little weary about sending him the first part of march's rent, as I have not done so, only because I want to be aware of my legal rights. Can the LL even begin the eviction process without me being 30 days in arrears on rent. The LL behavior for the past three months has been really strange. I think that maybe he might be having financial difficulties (like who isn't right now) and he needs to move back into this house. What steps do I need to take , in order to insure that my rights as a tenant are not be violated. There is one other thing. When I signed the lease, we had agreed that this would be a lease option to buy and that he will deposit 100.00 from each months rent into an escrow account ,and when the lease is over I can either use the money to go towards a down payment if I choose to but the house, and if not, then the money would be returned to me. I have asked him about it, and he just said he would get back to me. What are the legalities of this part of the lease and what if he has not been putting the money into an account? What a mess, I know.

[LILL]

A landlord can start eviction if your only 1 day late. Sound to me like your landlord is tired of your games and wants you out. Maybe he's in financial trouble because your not paying your rent.

[amw1025]

I received notice of eviction, however it does not specify how many days I have to pay or quit. So how many days do I have?

[ScottGem]

LILL is right that he can begin eviction as soon as you are one day late. Is the lease still in force? Or has it expired and you are on a month to month basis?

If there is a provision in the original lease that he is to hold $100 a month in an escrow account, he better have done so or you can sue him for that amount including interest.

I would first suggest that you get your rent up to date. Generally, if eviction is due solely to unpaid rental, then bring the rent up to date will cancel the eviction process.

[ScottGem]

The eviction notice has to have some time frame even its immediate. Generally, the next step is a court order to vacate, but that requires a hearing.