[fourbyguy1]

My son and his wife are living in VA in a rental house. Rent is due the 1st with a 5 day grace period. When they realized they weren't going to be have money for rent until the 18th (wife is a teacher and that is her monthly payday) she called the rental agent and explained. She was told that as long as she paid the late fees it would be OK. On the 9th she got a notice, in the mail, from the agent stating that they had 5 calendar days from the date of the notice (8th) to pay by certified funds or an eviction notice would be issued.

My question is... Since they can not produce certified funds for the rent payment in 2 days (on the 12th) and they will receive an ecviction notice (probably on the 15th or 16th) , if they pay the rent and late fees on the 19th (the day her direct deposit would be available) would this stop the eviction process??

Anyone's quick response would be greatly appreciated!!

Thanks!

[rockinmommy]

Did they receive a "warning", or was it an actual "Pay or Quit" notice?

There's a link in a sticky at the top of the forum that will have a link to VA's landlord / tenant laws. It will state in the law exactly what length of notice they must be given. If the notice they've been given so far was an official pay or quit, then the LL can start an eviction suit on the 12th. Once they pay up (which would likely be before the court date) the eviction suit can (and should) be dropped by the landlord, but at that time they would be entitled to tack on the court costs that they had to pay to file suit.

Or the landlord may just have gone ahead with the notice "just in case" they don't pay up on the 18th. Then they're ready to go on the 18th or 19th with filing the actual suit - rather than just starting the whoe notification process then. I've done this many times, but I usually explain it that way to my tenants so they don't freak out, but still know I mean business.

Or, the landlord may see the writing on the wall and not want to put up with this every month. No offense, but through my landlord-vision, I see a problem. If they're just now paying on the 18th, how are they going to turn around and have the money again on the 1st of October? It looks like a vicious cycle starting.

They need to read the law and their lease. I believe in most states, but not all, the tenant has the right to pay rent and stop the eviction (I'm sure they have to pay everything up, like late fees, court costs, etc- not just rent). In some place, and some leases (mine is like this) once they're late I don't HAVE to accept rent. I can just proceed with the eviction if I choose.

The best thing to do is to communicate with the property management, in writing whenever possible. Find out exactly what their intentions are. Likely, they just want their money and are trying to cover their assets in case the tenants don't pay like they've promised.

Hope that helps.

[hkstroud]

What your son got was a 5 day demand letter. If not paid, the landlord will go to court house and get an "unlawfull detainer warrent". Landlord must certify that 5 day demand letter was sent to get unlawful detainer warrant and court date. Landlord may accept late rent with fees or not. May be just be just following proceedures just in case your son does not pay as promised, or may use that as reason to evict. Probably just following proceedures.

[Fr_Chuck]

Sounds to me, like he talked to the rental agent and they agreed to allow them to pay late, BUT... the rental agent also has to protect thierself in case they don't pay, so all of the notices have to be made and put in place