Can you be evicted if your rent is 3 weeks late?

Question

We rent a house in Alabama ,our rent is 3 weeks late and we got a letter giving us 10 to get out .Can our landlord do this ? What can we do ? We have never been late like this before.

Answer 1

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

Answer 2

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.

Answer 3

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.

Answer 4

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.

Answer 5

~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.

Answer 6

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.

Answer 7

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.

Answer 8

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.

Answer 9

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.

Answer 10

Most likely he's saying 10 days OR get out.
Usually, evictions don't occur until rent is late 30 days.