Souris
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According to your 360, I'm assuming that you still live in Georgia. I found a website that had some information on it that you might check out. Hope it helps! |
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words_smith_4u
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He has the right to evict on whatever you signed when you entered the rental agreement.
I would march down to the landlord and explain the situation to him. Evicting is time consuming and costly (if contested). Just pay up, get current, and see how the landlord responds to your reality.
good luck |
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US P
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actually he can start the process once you become delinquent. depending on the state of which you live in depends on the process. In SC he has to send you a letter giving you 20 days to correct your default and after the 20 days he can have you evicted. contact you local housing authority office they should be able to give you the laws in your state regarding eviction. |
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BoomChikkaBoom
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Some states have notice requirements before eviction proceedings can be started for non-payment and other states don't.
Notice or eviction proceedings can be started on the first day of delinquency. People mistakenly believe that a grace period extends the time to pay rent. It doesn't. It is just a grace period before you are charged a late fee.
If you have a good relationship with your landlord, you can usually explain the situation and they will work with you. |
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boston857
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Most leases typically provide that the rent is deemed to be in arrears if it is received after the 5th day when it is due (usually the 1st of the month in most cases but can vary).
So, even if you are 6 days late, the rent is deemed to be in arrears and the landlord can request for an eviction order. It is not an instanteneuos action...first he must drop a 3-day notice for you to pay the rent in arrears or vacate...failure for you to comply means that he can seek for an eviction order thru the court. The whole process typically takes 30-days...... |
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§eeker
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i think it depends on what state you live in. in PA, generally landlords dont evict until you're a month or many months behind in rent. usually once you're 7 days late, you get hit with a late fee, not eviction. you might want to refer to your lease. now if he dislikes you for some reason, or as a tenant you've caused problems for him, he IS the landlord so he has the right to evict you, but most leases require him to give you 30 days to vacate once an eviction notice has been issued. read your lease. if you dont have one then he basically do whatever he wants...when he wants. |
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D'archangel
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Technically, a landlord can evict a tenant for any violation of the lease. If your lease specifies a grace period, then you have one. But if that 30 days grace is not in the lease, he's not legally obligated to give it to you. You can fight it in court, but the odds favor the landlord. |
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Jim C
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Not really. Read your lease. There is usually a five day grace period normally associated with a penalty fee ($25 + $5/day) However if you go beyond that you are in violation of your legal binding contract. Many landlords do this because they've been burned too many time before, and yes it is their right. However, by the time all of that comes around you usually have paid by that time. Be honest with them. Do know how many B.S. stories they've heard. |
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Fairy
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No, my lease stipulates if I don't pay within 5 days of the due date I can be evicted. You really need to refer back to your lease to determine the timeline. However, I do know that landlords establish different lease agreements for different tenants. Sneeky aren't they....? |
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Mrs T
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Read your lease. There has to be terms of separation in it. If there is no lease, then you are an 'at will' tenant, which means the landlord does not have to have just cause for evection. However;he does have to go through legal chanels to process the evection, which includes notice, and that can difer from state to state how much notice must be given. And you don't have to accept notice from him personally. make him send the sherrif, just to make sure you have witness to his process. |
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Goldenrain
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You must read your copy of the rental agreement to determine the time frame. If this is the first time and you have been good renters then you need to talk to your landlord and explain things. |
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m_eavey
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It depends entirely if you're a monthly renter with a lease agreement or if you rent week to week.
Best advice? What does your lease say? Read it
In Florida:
Any time you violate a "lease" or any contract action is allowed to be taken. Since it is the 15th of the month, you say you're only 7 days behind, your grace period to pay rent does not count, most leases are due on the 1st of the month and with a grace period of typically 5 days.....however the court doesn't count your grace period, and neither does your landlord and was he aware of the situation? It is best to communicate with him and if you're good tenants I'm sure he'd work with you, if you're loud, obnoxious tenants don't expect sympathy.
In Florida, you get a 3 day notice to pay rent and then at that time a landlord can file an eviction proceeding. an eviction, it costs your landlord money now has he started the eviction? Or has he just threatened to do it? Once an eviction is started you'll receive legal notice of it by a process server who will supeona {sp?} you notifying you of the suit and a date to respond by.
Unless you're on a week to week lease then he only needs to say he wants you out.... "weekly" renters do not have the same rights as monthly renters. |
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nxmom
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depending on the state in which you live in
also, what does you lease say.
my Property:
rent due on the 1st..
late fee charged on the 6th
eviction filed on the 15th. |
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Chris N
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If your 5 days late in Virginia I can give you a 5 day pay or quit notice on the 6th day. I always start the eviction process then . If you don't pay on the 11th day I go to court and file . I'm sure your landlord has a mortage on the property and has to pay his mortage on time . All I can say is pay on time then you won't have these problem . |
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bitchenbrod
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I know that I legally have 5 days after the date rent is due, but after that I think I'd be screwed (I live in CA). Did your landlord actually start eviction proceedings or did he just threaten eviction? Most landlords will be understanding if you discuss the situation with them before you become dilinquent. |
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beckyschristine
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it all depends, but usually, the landlord has the right to evict you. when the landlord evicts you, you have 30 days to find a place, not 30 days behind.
sorry about your luck |
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MizzIzz
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It all depends on your state laws and lease/rental agreement ((if you have one)).
My lease started as a 1 year lease, now it is a month to month. We are required to pay our rent on the 1st of the month, charged a $15 late fee as of the 6th, and eviction 'notice' after 15 days delinquent.
Most all landlords will give a 5 day grace period, so if it is due on the 1st... it's still on time as long as it's post-dated or received by the 5th. I'd think most states require them to serve you, legally, with an actual eviction notice. My state will also allow you 30 days from the court date if you have children. |
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zen2bop
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In my city Boston we have a Housing Court . This court hears only cases dealing with landlord tenant disputes. The Boston Housing Court Judge makes the final decision after hearing both sides. Now I noticed very good answers by the other people here, but I have found that if you have a good relationship with the landlord, most good landlords will be reasonable with good tenants. Seems to me you have extenuating circumstances that your landlord should take into consideration if he or she wants to keep good tenants living in his building. You should call or make a visit to your local courthouse and speak to a housing specialist. We have in our court system a housing court specialist who will try to mediate a landlord tenant dispute and avoid the expense to both parties. I have no idea where you live and what resources are available for you, but thie is what we have here in Boston MA. In any case Good Luck to you as I know it is a bad experience for anyone to face eviction proceedings. |
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Nancy Kay
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Do not know what state you are in, but here's how it works in California.
The very first day late after due date, you can be served with a 3-Day Notice to Pay Rent or Quit. If you have not paid the rent by the third day, the landlord can immediately file an eviction proceeding with the court. There is nothing requiring them to wait 30 days. |
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Clyde S
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That varies greaty from location to location. Your best bet would be to read your rental agreement. Things like that should be specified in there. |
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Sam X9
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Depending on the contract you had signed. In cases of rental appartments, it is very clearly stipulated in the contracts , that failure to pay the rent for a couple of months (ie. period set by exsisting laws), would be a reasonable grounds to file an eviction case in local courts against the occupants. |
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KingFella
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Not at all. You should have made arrangements with your landlord for payment. Sounds like you didn't He can start eviction procedings immediately; you're luck you have the weekend to figure it out.
The unfortunate truth is that you've signed a binding contract and you are responsible for the rent, usually within the first five days of the month.
Once he has filed for eviction, you have 48-72 hours to vacate before they "lockout". This means the sheriff accompanys a locksmith and they lock you out; and eventually bid off your personal items.
Make an arrangement with your landlord, an eviction looks real bad on ur tenant history; and will make it harder for you to buy a home in the future. |
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FrogDog
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If you are only seven days behind and have a plan to catch up, he can do nothing. Get the plan to catch up in writing to him as soon as you can. You must have something in writing to him so it isn't just a war of words. |
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Dark magician Gurl
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Yes and no. A landlord can evict a tennat for any specific reason the only thing they have to do is provide you prior notice, with enough time for you to move your stuff out. But it varies by state
I found this site it may help you. look at the first one |
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jesgeri57
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He is just protecting his investment. I am sure he does not really want to evict you, it is a costly procedure and extremely unpleasant for all.
Why not go and talk to him, let him know how very much you apprciated his patients and that you certianly do not want to leave because you like where you are staying. And again re-affirm your commitment to him to be on time with your rent. Ask him if he could please work with you.
You do not want an eviction on your record. But he certainly can and may ask you to leave. If he isist do so, do not let an eviction appear on your credit report....it is like the repo of a car...it will never go away. Late payments will but not these....Talk communicate without being halty or smart, be a bit reserved and grateful, and do not get angry! He is in the drive sit whether you like it or not! |
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butterflykisses427
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No once you are late they can file eviction notices. Most landlords give their tenants a grace period out of the kindness of their hearts but they are not legally responsible. Many places will give you a month or two leeway but they really don't have to.
I know in Ohio they have to give you a three day notice to vacate. If you don't vacate they can file an eviction notice which gives you 30 days to move. |
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Lizzy-tish
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Have you a sketchy record for paying rent? Landlords really don't care what goes on in your lives( unless they're friends of course)they 're most interested in getting their money.
In my little part of Ontario I know you can be behind two months rent and the landlord has to give you 2 weeks notice of eviction.
This seems a little odd that it's for only 7 days. I think there's a little more to this story you're not telling us. |
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randy g
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he probably can,but being only 7 days late he would be a real jerk if he did |
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Workout girl
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You are correct, he can threaten to evict all day long but you would still have 30 days to get out. He can not toss you out on the street...I know this because when we rented years ago our landlord would threaten this for every little thing we did (working on our car outside our duplex..ooh, that is so evil isn't it..how did we ever get away with that) I read everything I could on tenant laws. Educate yourself, then do like we did, move without giving notice since we never signed a lease we could do whatever the heck we wanted and boy did we. The day we were moving the landlord came home and asked what we were doing, we said moving. He said we had to give notice and we said, we did not sign anything so no we do not! Stand up for yourself to the landlord. Pay the rent but rest assured he can not toss you out. |
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JubJub
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Wow!
I think if you take the common thread(s) from all the other replies here, you might have your answer.
State laws differ - thusly so would 20 or 30 days notice.
I can offer some tidbits (some not very thorough) from a book I'm looking at right now (see Source below)...
"By far the most common cause for eviction is nonpayment of rent. If a tenant does not pay the rent, or if the tenant pays it late or pays less than is due, the landlord may evict the tenant.The eviction process often starts upon short notice (usually three days, though it varies among the states).
The tenant usually must receive notice of the landlord's plan to start a legal eviction before the landlord files a complaint with the court. This notice normally must be in writing. The period of the notice varies with the reason for the eviction. If the landlord is seeking eviction because of unpaid rent, the tenant often may avoid the eviction by paying the rent during the notice period.
In almost all states, only the courts may evict a tenant. Every state has laws covering eviction.
How long might an eviction take? From the day the tenant receives the landlord's notice of eviction to the day the officer of the court (often a sheriff) arrives to put the tenant on the street may take as little as three weeks. Often, however, eviction takes two or three months, or more...."
It has been my experience - and my belief - that if you let the other party know what's going on, what the situation is, they will be more likely to work with you. It's when they don't know, that they start taking action. |
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sugarbdp1
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If your not behind no he can't if you rent monthly it's a 10 day grace period.The courts will laugh at him for his actions I say he just wants you out so he can get more rent for your apartment.Plus if you are late & you pay your rent there should be something in your lease agreement about a late fee normally it's $25..Talk with him or call your town hall they'll tell you more but no he has no right what so ever.Good Luck |
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