2006-09-09 11:42:59 · 22 answers · asked by JOHN B 1 in Business & Finance ➔ Renting & Real Estate
Technically. . yeah. I would bet that if this is the first time, your landlord will either just charge you a late fee or let it slide. Either way, make sure he or she knows it is coming, just a few days late. It's a pain in the butt to turn apartments, so they'll probably want to work with you.,
2006-09-09 11:45:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No one can simply lock you out of your apartment. If a landlord is stupid enough to do so, you can sue them and in some places, you can even have them arrested. It's called an illegal lock-out or an illegal entry and detainer.
For your landlord to legally lock you out, they have to follow the legal process and it certainly takes more than 5 days. You cannot be locked out without a court order, no matter what an unscrupulous landlord claims.
The best approach is to tell your landlord that you will be late, and pay on the date promised.
"However, they can charge you late fees and before any eviction can be initiated, they must first issue you a "Demand for Rent" notice!"
Neither of those statements are true. Many states have no notice or demand required for eviction for non-payment. And many other states and municipalities have strict laws governing if, when and how late fees may be charged.
2006-09-09 21:00:47 · answer #2 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Not legally. They can only change the locks after very lengthy eviction procedures. You will get a Notice to Quit first, and it will have the rent amount due. You will probably also owe a late fee. Sometimes it is better to call the landlord and let them know as soon as possible BEFORE the rent is due and let them know what is going on. Offer arrangements or be clear about when you can pay. If you partially pay, you might get a reduced late fee on the balance. When landlords have to chase down tenants they get annoyed and they aren't going to cut you any breaks.
2006-09-09 19:42:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Unless you have a nasty landlord, just explain it to the dude. Im sure he will understand if your a little low on cash or your pay check will be late. The world isn't out to get you, ya know?
But since your possesions are in the room, I doubt they could lock you out due to laws, and most states don't allow this, but I think there are some that may. North Carolina doesn't.
In North Carolina, if the landlord wants a person evicted or told to leave, they must notify them 7 days ahead of the set date. If the person doesn't agree with this, then they can take it to court. So if you lived in North Carolina, you would have 2 days safe to get the money in, im sure it's the same in most other states.
2006-09-09 18:45:06 · answer #4 · answered by Jessica - AKA - Carolina Girl 2 · 0⤊ 0⤋
You should be OK, but I would contact the landlord and explain the situation. If I was late 5 days on my rent I would have to pay a late fee. Maybe you can give them a check and post date it for the day you can pay. You should communicate the problem clearly to them. Don't avoid them.
2006-09-11 15:03:40 · answer #5 · answered by aleynam 3 · 0⤊ 0⤋
No.....but it's always best to explain to your landlord that you're gonna be late and why. (don't even think about using some lame excuse that you spent your rent money on personal things)
Not in any state in the USA can a landlord legally 'lock you out' for being 5 days late on rent. ***I don't care what it says in the lease or rental agreement......it's not legal. However, they can charge you late fees and before any eviction can be initiated, they must first issue you a "Demand for Rent" notice!
2006-09-09 18:51:40 · answer #6 · answered by Anonymous · 0⤊ 0⤋
no the landlord depending on the laws of the state u are in usually cannot. he has to give u a 7 day notice or 30 notice to pay if u have a lease. if not then he can do whatever he wants it is his property. 5 days late is not usually a big issue dont worry about it.
2006-09-09 18:46:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Tell your landlord you will be late. Imagine what you would think when you went to get your paycheck at work and they said, "Oh it will be a few days late". You can't eat and pay your bills what makes you think they can. Just be courtious and tell them they will work with you. Eviction takes months so they will be happy to get a late payment and maybe a late fee!!
Do the right thing and sleep well !!
2006-09-09 18:52:40 · answer #8 · answered by Anonymous · 0⤊ 0⤋
In california, you could be given a 3 day notice to pay rent or quit by the landlord before he could bring suit against you. It is illegal for him to just lock you out of your apartment.
After the 3rd day if you haven't yet paid him, he has to file an illegal detainer of property against you. It could take weeks to resolved in court.
Work it out with you landlord before it becomes too expensive for him and too shameful for you.
2006-09-09 18:55:20 · answer #9 · answered by Mistyrie 2 · 0⤊ 0⤋
Depends on the state you live in. Every state has different laws regarding landlord "do's and dont's."
But still be cautious. Let your landlord know that you will be late. Maybe write a check but date it five days late.
2006-09-09 18:45:15 · answer #10 · answered by mjeberius 2 · 0⤊ 0⤋