kevin s
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The best thing you can do is to pay the rent.
If you cannot pay all of the rent, speak to them and let them know your situation. Pay as much as you can Now! Keep the lines of communication open. You may find that the landlord will be somewhat flexible if they know that you are making a sincere attempt to pay the rest of the rent.
You do not want to be evicted!! If you are evicted, this bad mark will follow you for years, making it very difficult to get another apartment etc. in the future.
Good Luck,
Kevin
http://www.kevinscolastico.com |
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AtiaoftheJulii
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Do you have a lease with him/her? If so, 30 days. If not, he can put you out anytime he/she wants.
A landlord can't begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state’s termination statute. If the tenant doesn't move (or reform -- for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.)
State laws set out very detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered ("served").
Notice for Termination With Cause
Although terminology varies somewhat from state to state, there are basically three types of termination notices for tenancies that landlords terminate due to tenant misbehavior:
Pay Rent or Quit Notices are typically used when the tenant has not paid the rent. They give the tenant a few days (three to five in most states) to pay the rent or move out ("quit").
Cure or Quit Notices are typically given after a tenant violates a term or condition of the lease or rental agreement, such as a no-pets clause or the requirement to refrain from making excessive noise.
Usually, the tenant has a set amount of time in which to correct, or "cure," the violation. A tenant who fails to do so must move or face the possibility of an eviction lawsuit.
Unconditional Quit Notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
repeatedly violated a significant lease or rental agreement clause
been late with the rent on more than one occasion
seriously damaged the premises, or engaged in serious illegal activity, such as drug dealing on the premises. |
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kathy o
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I think i hear your phone ringing,or is it the doorbell? |
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BoomChikkaBoom
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Your landlord can start the eviction process if you are 3 minutes late, never mind 3 weeks.
The good news is you don't have to be out in 10 days. Your landlord has to file in court for eviction based upon non-payment and then wait for the court date. He can't just toss you out.
In the meantime, get the rent money together. |
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octaviolet
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Please go with the first answerer, she makes the most sense and is right on the money. Landlords cannot evict, courts can. Sounds like he is trying to scare you, and he's done a good job too- definitely check out the laws in your state, but an eviction cannot legally happen by landlord alone. |
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steve
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I don't know
I think you would have to be a Month behind to be in trouble..
but it depends what was said in the lease when you signed it. |
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JR
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He can do it but you don't have to listen. It will take longer if you want to push the issue.
Are you current on your rent now. It was late but it is paid now he should drop the eviction. |
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Not Laughing w/ U
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Whether it is done by the court or your landlord it doesn't matter. Fact is that in any state if you don't pay your rent you have to move. Either you will do it cordially or it will be police assisted.
It is only fair. Why should your landlord pay (it is the same as paying if he/she is losing income) for your housing?
However, if you've been a good tenant and always paid ontime in the past then he/she will most likely work with you if it's not too late. Have you talked to your landlord about this? Have you offered a partial payment and told them of your plan to catch up? Have you been out beating the pavement searching for a way to make the money you need to catch up? Go to your landlord with the answers to those questions and he/she will most likely work with you if it's not too late.
On a final note. If it's too late and the landlord will not accept any type of plan to let you catch up then move quickly and leave the place in (or as close to) the condition that it was when you moved in so that besides the back rent being taken out of your security you won't be charged for cleaning. You could end up with an eviction and a judgement if you let this go too far. |
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Bamos
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yup, pay up or start packing. read your lease, its probably in there. if not, then he can't. |
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Jess
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Yes he can. You signed a legal and obligating contract, and you broke it. He can kick you our whenever he pleases. |
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Emily E
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read your rental agreement |
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betitodetroit
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you wont get kicked out, but the court proceedings against you will start.
here in michigan it usually takes about 30-60 days to get an eviciton, after that |
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ChicaLoca
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There are laws that prevent them from kicking you out with just a letter. They need to file in court. You need to contact a lawyer or the county court that can explain what you need to do. Sounds like they are just trying to scare you. |
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Jason
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Yes you can be evicted, but you dont have to leave in 10 days. The landlord is not an authority on evictions. If you dont leave within the 10 days the he or she will have to go to court and file papers and stuff nad get the police to come serve them to you. It will be at least 3 more months before you actually have to be out. |
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The Captain
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Yep...
3 weeks is a long time to be late. |
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canela
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By the time they get through the legal eviction process you'll have grandchildren with grandchildren. Pay up and then you won't have to worry, will you. |
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?
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If you dont pay rent within 30 days of it being due the landlord can get an injuction and have you legaly evicted. Better pay the rent, even if its only half.
Also, leases are not valid if they contain something that is contradictory to state and/or federal law. Contracts are never legaly binding if they ask you to violate law or go against what current law states.
For example, if the landlord wrote into a lease that you have to pay the rent within 10 days of it being due when the law states you have 30 days to pay it. |
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preciousprincess1969
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TRY EXPLAININGTO HIM WHY YOU ARE LATE! AND YES THEY CAN DO WHAT THEY WANT |
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Oscar Himpflewitz
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~How unjust. A landlord that expects to be paid simply because you are living on his property. What you can do is, you can pay your rent.
Yes, if you breach your contract, as you have done, you can be held liable for damages. Your landlord should move quickly and evict you at once, rather than to let you stiff him for another month's rent. If the rent is paid up before you get to court, and the grounds for eviction are non-payment, he will not get his judgment. Of course, he may be able to use other terms of the lease to proceed. If there is no written lease, he can serve a 30 day notice and get you out next month or the month after.
Moral of the story? You stiff somebody, expect paybacks. |
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Been There~Done That!
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No. They can file an eviction notice but usually don't unless you are past due 30 days. Even if they file an eviction notice by law you have 60 days before the can make you leave.
Why don't you just talk with your landlord and let them know what is going on. Communication is the key with things like this. None communication leads to wrong feelings. Landlords do not have to be nice. But, they can be if you try and they know you are making an effort.
Pick up the phone and call. It might solve a lot of your problems. |
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Scott D
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Most likely he's saying 10 days OR get out.
Usually, evictions don't occur until rent is late 30 days. |
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chris j
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ask the landlord if you can pay him on a certain date. it all depends on your lease. most places are 30 days. |
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adry
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you should pay the rent |
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saintlyinnocents
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Depends on what the laws are for renters in Alabama. Here the first warning has to be 30 days. Then the next one is 10 days and after that they can do all kinds of things. If the landlords laws have changed there then yes it is entirely possible.
But you might just try discussing the situation with your landlord and point out that you haven't been late before. You should have discussed that with them in the first place instead of just not paying. |
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Raven E
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READ your lease agreement,. Did you agree to that when you signed it? |
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kmday1130
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pretty much.... esp if it's a month to month lease. |
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DLB
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Well yes technically he can do that. I think that he can evict you for 1 day late but the normally don't it depends what your contract says. Im pretty sure 3 weeks is more than enough to kick someone out. I would talk to him and explain the situaiton to him and hopefully he has some sympathy. But it really doesn't help by not saying anything after it was due, not saying you did that. Im just saying. Hopefully it works out for you. |
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sexylilles
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It is up to the landlord to decide when he can evict you. If you have a history of late payments and you are 3 weeks late then YES he can evict you. |
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ashley07
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Yes, they can. Try paying them. Seriously, tell them you're sorry and tell them why you were late, be honest, and ask them if they'll give you another chance, but only do this with a check in your hand-one that won't bounce. |
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AsianPersuasion :)
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I think he is correct in giving you 10 days to get out. that would make you be 31 days late then and it IS legal. Have you tried talking to him? Avoiding him is not the answer. Me and my husband used to rent out our home in Chicago. Each situation is different, if the reason you are late seems to be legit and out of your control, he may grant you some grace period. |
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Shining Ray of Light
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If you're ONE week late, your land lord can do whatever he/she wants to. They can give you a week or four, up to them. Depends on what your lease says, I guess. Pay up, then you don't have to worry about getting evicted! |
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lavar j
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Wat while happend in court if I was mailed court papper but after I got the pappers I payed the rent can I stay.... |
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