[bluebmoon]

I received a pay or quit notice that says I have 2 days, but on the form it says must be no less than 3 days. Is it legal for them not to give me that extra day?

[bluebmoon]

Also, forgot to add, they have on the notice that I did not pay February, but we did, I even have the receipt. Do I contact them to have them redo this form because of all the errors?

[Fr_Chuck]

You can, I am sure they are already unhappy, so can you just pay them and then the issue is mute.

The notice is merely to tell you to pay before they file incourt.

[bluebmoon]

I've been trying to work with them. I fell behind, and offered to make weekly payments, adding extra money to get caught up for next month. They told me they did not want to receive payments and wanted the full amount. I told them if they didn't want payments, it would be a couple of weeks until I had the full amount. They said I had a few days, which was not enough time for me to get the full rent. I offered up almost half the rent, and I don't blame them, I'm the one that fell behind. But I have been offering everything I have to make up for my mistakes and I just don't know what else to do at this point.

[ScottGem]

As noted a pay or quit notice is the first step in eviction. Your local laws will state what the notice period is. Generally its from 3-10 days. If the they used a printed form that says 3 days and they wrote in 2, then the notice is essentially void.

But I'm gusessing you haven't paid the March rent yet, so you really need to do that (plus late fees). Otherwise they will just give you a new notice.

If you don't pay or quit, then they file in local housing court for an eviction order. If they haven't corrected the mistakes, you can point this out to the hearing officer who may tell them to serve you a new notice.

At any rate, until an eviction order is issued by the court, you still can't be forced out. You may even be able to pay the arrears right up to when the sheriff shows up to remove you.

[bluebmoon]

I'm really confused. I have an appointment on Monday to talk with legal aid, but I am wondering if anyone can offer up their opinion/advice sooner.

They did go to court and file eviction summons. I received that in the mail today. But in the paperwork, he changed the notice that he had given me, crossing out some things and adding some others. He also stated he served me this notice on the 15th, when it was actually the 17th. He did cross out feb rent due because when I was speaking to him, he kept insisting I owed him that month as well but I told him I had the receipt and could prove that to the courts. I have been doing everything I can to get extra money to pay him the money owed, I again offered him what I have, not knowing he had already filed the summons, but again he said no. I don't blame him, I know that this is all on me, I just feel like if I had those extra days I would be able to pay him the whole and not be evicted. Will him saying he served me sooner than he did mean anything? What about the fact that he changed the notice?

[ScottGem]

If he falsified the dates and you can prove it, the judge may not be too happy with him and may give you some extra time.