I have lived in my community complex for14 months and have never been late with the rent. My company just went under because my major customer went to another county that offers cheaper labor. This month I am now 16 days late with the rent. I was called to the office and given a form to sign stating that I will be given till the 21st to pay, after which I will be evicted and sued for the remaining rent owed on the lease by their lawyer. Is this something that they can legally do?
Thank you in advance for your help.
-quforque
2007-01-16 07:57:00 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
First, you may want to contact an actual attorney as people here on Yahoo Answers may not give you the best advice.
Read your lease agreement. There may be more information in there. But they have the right to evict you if you don't pay your rent. That's part of the lease in about 99% of cases.
But seriously... if you are really in need, contact a lawyer yourself. It never hurts to get advice. Sorry I couldn't help you further. Cheers.
2007-01-16 08:01:37 · answer #1 · answered by theearlybirdy 4 · 1⤊ 0⤋
This will depend on your lease. For Example
Rent due on the first. Grace period until the 5th. Late fees up to 5 additional days (so now you are up to the 10th of the month). The you can be served a 3-day pay or vacate notice. If you do not pay by the 3 day notice they can call the sheriff to evict you. That is my lease that would only give me until the 13th to pay.
Also If you are evicted they can not sue you for the money, but they can send you to collections and put bad information on your credit report. It will be very hard to rent from another place with that on your credit.
2007-01-16 08:09:04 · answer #2 · answered by missanglgrl 3 · 0⤊ 0⤋
They cannot evict you the same month that your late, but they can the month after. The best posible thing you can do is make a promise to pay. Call them or go down to the office, let them know that you have had an unforseen financial event that and let them know a day that you'd be able to make payment. Most likely, they will just take that rather than going through the long process of getting another tenant. Also, if you receive court papers as long as you pay it off before the court date, it gets thrown out. Good luck!
2007-01-16 08:12:46 · answer #3 · answered by cbrkev98 1 · 1⤊ 0⤋
If they evict you, they can't also sue you for the remainder of the lease. They are breaking the contract, not you.
Check your lease. It's uncommon for a landlord to evict a good renter over one month's late rent, but your lease may have that stipulation.
On the "bright side," evictions take months. In most states, the rights are on the side of the tenant, not the landlord. Since you don't say what state you are in, I can't give specifics, but look for information on the web. There's lots out there.
Best of luck.
.
2007-01-16 07:59:51 · answer #4 · answered by FozzieBear 7 · 2⤊ 0⤋
They can begin eviction proceedings after only one late payment. However, if they go ahead and begin eviction, you can get away with not paying rent anymore until they get the eviction through court. This can take months.
By evicting, they are terminating your lease. Therefore, you are no longer responsible for following the terms of the lease - i.e. you don't owe them rent anymore. They have to get the eviction legal, however, before they can make you leave.
2007-01-16 08:04:38 · answer #5 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
Been there, done that! YES, they can legally do everything they are telling you!! And they will sue you for it....this is why I have a judgment against me on my credit! I had one month left on my lease and was 10 days late with the rent, they would not accept it from me,and sued me for the remainder of my lease and re letting fee! The judge awarded this without even asking my side of the story-YES,they can do what they want sweetie! Get your things and get a different place now without their knowledge so your not out on the street-Good luck!
2007-01-16 08:08:09 · answer #6 · answered by dodlydink 4 · 0⤊ 0⤋
relies upon on the wording of the lease. If lease is due the first and also you fail to pay then legally you've violated your lease. there's no decide who would problem the eviction note see you later as lease is as a lot as this aspect inclusive of late expenditures except you're a recurring late payer.
2016-10-17 01:45:15 · answer #7 · answered by ? 4 · 0⤊ 0⤋
read your lease closely. They are within rights. Standard contracts say if you should fail to remain for lease duration you are responsible for remainder of lease amount due. Most want a lump sum. But you will have about 2wks after the 21st before vacating. they have to file and sheriff's dept has to serve paperwork.
2007-01-16 08:08:21 · answer #8 · answered by D4gotten1 3 · 0⤊ 0⤋
Where are you? Different countries/states have different laws. If in U.S., not a chance, check your states Landlord Tennant Law, you get a court hearing before an actual forced eviction... takes 2-3 months....
2007-01-16 08:49:56 · answer #9 · answered by Gunny T 6 · 0⤊ 0⤋
Try the site below, make sure to change the location/state in which you reside. Hope this helps. If you need an Attorney/Law Firm, click the last link and watch the online movie presentation.
2007-01-16 08:02:18 · answer #10 · answered by citronge69 4 · 0⤊ 0⤋