Eviction Notice?

Question

My landlord allows a five day grace period for rent. Earlier today she put a five day notice on my door as I hadn't paid the rent. It's not that I don't have it, I wrote her the check as soon as she came over. I rarely use my front door and did not see the notice. Since legally I have until midnight to pay my rent, can she do this? She told me the notice would stay in effect until my check clears, which it will. I just feel as if she has been looking for reasons to evict me. The last couple of weeks she kept saying it smelled like cat urine and blaming me. Three out of the four apartments in the building have cats. I have a lot of problems with my upstairs neighbor and I often am made to feel guilty when not doing anything wrong. For instance, she's always complaining about my music which isn't that loud. The managers have been up there and the police have been called during the middle of the afternoon and she was told it wasn't that loud. Yet I am asked to keep it down...

Answer 1

Sounds like you're doing things the right way. You have many rights as a tenant but I just have to ask you...are you really comfortable living around such nosy, spiteful people? I'd save some money, stay in good standing as a tenant then MOVE THE HELL OUT!

Answer 2

i would talk to the other tenants first make friends w atleast one cat owner u have no cat u have no odor except that stench that comes thru when u open ur door and she only says its ur fault she is harrassing you in ohio and florida thats the only 2 states i know of that piece of paper 5 day notice isnt worth the paper it is written on or the ink other answ of other states were great remember im only saying o and fla you get a warning and thats an agreement that if your ten days late ten dollar fee two months get it together rentee and pay up rent three month after a notice served from sherriff or he the police post that notice u do not have to leave u cannot however at that point pay the rent even on good terms w landlaw thats deep but if u think she is making u leave for and only for a cat w other tenants take pics she the landlord is very out of line even if police were called they said nothing was wrong get that record and u now have all get all u can im sure i forgot something pertenant to eviction u now have all rights to sue her for harrassing more like predjudice she can not enter ur apartment call police on u you pay the rent you at this point own that apartment man dont let it go get the landlord if your telling it the way it is beeen on both sides at least three months depends on when landlord files eviction notice to clerk of courts dont wreck the place be nice and leave it clean

Answer 3

if your rent is due on the 1st and your landlord gives you until the 5th to pay, then puts a note on your door on the 5th if it is not paid, it cannot legally be a 5 day notice. a five day notice is usually sent after the 16th of the month and it is a legal notice informing the tenant that their rent is behind more than 15 days and they have 5 days to pay it in full or eviction proceedings will begin. if eviction proceedings begin, it is usually a long process that can take a couple of months, depending on your courts. it sounds to me that your landlord is looking for a reason to kick you out. if you have a lease and want to stay, look into the landlord tenant laws for your state. i live in RI and what i stated above is how it is here. good luck.

Answer 4

No, that is not an appropriate notice! Being late and not paying your rent is 2 different things! Usually the law gives you about 2 notices before an eviction process can start, but hers is clearly not legal!

Giving a notice before your rent is officially late, if not serious, would be laughable! That's what the court would do!

Answer 5

Maybe you should start looking for another rent. It sounds like you have a lot of aggrevation there anyways. So let your landlord evict you. Or if you can get out of your lease early, so much the better. But nobody needs all that aggrevation. Good Luck!

Answer 6

Payment of rent requirements vary by state. Montana has a pay or vacant notice that can be posted after 3 days for failure to pay. Otherwise the 30 day notice termination of rental agreement is required.
I'd start looking for another place.

Answer 7

It's just a formality.

In California it's a "three day notice to pay rent or quit".

Now that you have paid, it no longer has any legal credit. (Unless your check bounces).

As to the cats, if they are outside cats, by law, cat owners cannot be held to the same standards as dog owners since cats cannot be controlled. If the cat urine is inside your house - then yes, it is your responsibility.

Answer 8

Keep the peace with your landlord, and start looking for another place. Someone else may want to check references, and she would be the one that they would talk to. If you have to give a reason for moving to your new landlord, you can cite distance of travel to work or school, or a nicer neighborhood.

Answer 9

Alot depends on whether you have an active lease or not. If you do, she's got alot of work ahead of her. If you don't and are month-to-month, she can evict you at the end of the month for no reason. And as an aside, she can't evict you until you are at least 9 days past due on the rent.

See here for a detailed description: http://www.larcc.org/pamphlets/housing/tr_eviction.htm

Answer 10

You own the lease till the two a) the hire settlement ends, or b) the eviction is carried out interior the courts. one way or the different, the owner will assemble the money he's due. He can drag you into court to collect if mandatory. The court will garnish your wages till the money is paid.