I have a friend that has 850 in rent due on the 15 of the month and she gave her landlord only 750 of the rent, the landlord said that she has to come up with the rest of the money within three days or he would be served with an eviction notice, if he dosent come up with the money will he be intitled to the money just paid to the landlord?
2007-07-20 09:32:21 · 9 answers · asked by Dee J 2 in Politics & Government ➔ Law & Ethics
No.
Most rental contracts require 30 days notice before vacating the apartment.
She may still be served with the 30 day notice. It only means that she needs to pay the remainder of his rent or she will be evicted "in 30 days."
Got an extra hundred laying around?
2007-07-20 09:41:18 · answer #1 · answered by ken erestu 6 · 0⤊ 0⤋
I just went through this and actually took my landlord to Court (twice). Unfortunately, it is money already owed, however, if the landlord accepts a partial payment without a prior agreement, whether verbal or written, the Court may consider it as payment in full for the month just because the landlord accepted it (didn't refuse it or try to give it back until your friend had the entire amount ready). The correct process (varies from state to state) is to formally serve the tenant with either a 3-day Notice to Quit or 7-day Notice to Quit and that gets followed up with an eviction notice after the 3 or 7 days, which also has to be formally served. Sticking it on someone's door is considered improper service and the whole eviction could get thrown out of Court and the landlord would then have to start the process all over again. Go on-line and check your state's statutes concerning landlord/tenant law and tell your friend to look at his/her lease word for word.
2007-07-20 09:50:11 · answer #2 · answered by Elizabeth Harvey 2 · 1⤊ 1⤋
Really it's all in the lease
Is there anything in the lease about late payments?
Some landlords are understanding and will accept a late payment BUT what does it say in your friends lease? If it's in the lease that payment is due on a specific date or she will be evicted then the landlord has that right.
If she breaks the lease for any reason then she can be responsible for the rent up until the end of the lease.
2007-07-20 09:45:02 · answer #3 · answered by Just Me 4 · 0⤊ 0⤋
Landlord/Tenant relationships are specific to the State they are written in, differant laws in CA than NY. In CA the LL has accepted a partial payment, he may charge a late fee, and issue a 60 day notice to vacate. Chances are, the LL is trying to train his tenant to understand that the rent must be on time and paid in full, every time it is due. The more chances and leniency a LL gives, the more a tenant thinks this behavior is OK. It is to your friends benefit to pay on time, this will keep the landlord at bay, and he he will be less likely to desire someone else as a tenant
2007-07-20 09:53:52 · answer #4 · answered by ghg r 2 · 1⤊ 0⤋
No of course not. Rent is due just because he serves him with eviction papers does not change that. He should pay or get out now to avoid an eviction
2007-07-20 10:03:31 · answer #5 · answered by Anonymous · 0⤊ 1⤋
it is unlawful for a LL to fasten you out of your condo with out first going to court, getting court order, and sheriff to evict you. so which you weren't legally evicted from this condo of direction, does not sound like that LL gives you you a competent apartment suggestion
2016-11-10 00:00:48 · answer #6 · answered by piazza 4 · 0⤊ 0⤋
More than likely ur friend will have to pay the $100 plus any other legal fees, he will be responsible for. Tell him to read his lease, is in there somewhere. They have to put it in the lease.
2007-07-20 09:41:44 · answer #7 · answered by Jennifer 3 · 0⤊ 1⤋
Lend your friend $100, thereby rendering the question moot.
2007-07-20 09:38:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
nope!!-because it is rent owed.
2007-07-20 09:40:11 · answer #9 · answered by tony c 5 · 0⤊ 0⤋