Yesterday my landlord refused payment of my rent because it was one day past the 3 day notice.
What will happen now?
I'm going to find a free attorney through the housing dpt., is there anything else I can do?
I don't have the means to find another home at this moment, will they require me to vacate the premises immediately?
Can I sue him for aggrivating a pre-existing anxiety dissorder?
I had only 2 business days to resolve the matter?
Thanks.
2007-08-30 05:25:42 · 10 answers · asked by Hmmm? 2 in Politics & Government ➔ Law & Ethics
Do you have a lease? What does that lease say? Get that attorney.
2007-08-30 05:30:04 · answer #1 · answered by Hoosier Daddy 5 · 1⤊ 0⤋
Usually, the reason landlords refuses to take the rent when it is late after a notice is that they are fed up with continually late rents and having to take the extra time with a tenant when there are others out there who may not be so time consuming.
Any judge would give you some slack were the 'one day past the 3 day' notice a one time occurance in an otherwise always on time rental history, but, if the landlord has a good lawyer, that still would be outside the law.
2007-08-30 05:31:56 · answer #2 · answered by Ben 5 · 1⤊ 0⤋
I would think so, if she is not on the lease she cannot stay there. Unless the person you actually rented the house to told her she could stay there. Worst you could hear if you tried calling the Police to make her leave is that you would have to file eviction. If you do though, I am sure you can make it a speedy process. Once the person goes to court, if they show up, they will typically only be given 5 days from the court date to show up. If she does not show up though, she will still have 5 days to leave the property. You can certainly do something about it though. Try calling the Police first to tell her to leave, if they fail to make it happen then contact your local County Court Clerk. She will be able to help you more. It could all eventually, or will actually eventually all fall on the person you rented the house to, who has not even been living there. The other person is just really considered an "unauthorized occupant".
2016-05-17 07:04:19 · answer #3 · answered by edythe 3 · 0⤊ 0⤋
You never mentioned what state you're in as there are state laws protecting tenants. Also, I'm guessing that you lost your job or have had some kind of recent problems that have put you in a situation of no money.
If you have been late with rent on a recurring basis or had any other issues, then you may find yourself out on the street.
If will take time for your case to come up in court if you get an eviction notice - so don't wait to pack up if that happens. If the court says you are to be evicted, they will send the sheriff's department in to throw your belongings out of the house - and they're not neat about it.
Be proactive and go to the local stores and request free boxes and start packing IF you get an eviction notice. You may be able to get your most important belongings out and into a storage locker while you're looking for another place to live. Don't just sit and worry - do something about it.
If you are out of work and living in poverty, don't wait to seek assistance from the local welfare office. Many people have lost jobs due to illegals and outsourcing. Just get busy and it will help to reduce your anxiety.
Get a job any where you can (if you are unemployed) where you can get benefits, and then look for a new place to live that you can afford - even if you have to leave your items in storage and rent a room until you can get back on your feet.
Look in your local newspapers for shared housing or rooms to rent - they're normally available for short term and can get you through this rough time.
If you luck out and don't get an eviction notice, learn to pay early instead of on time. It's a good habit to form for all of your bills.
And no, you cannot sue your landlord for your anxiety. He can however, sue you for any damages to his property in addition to forcing you to pay the rent after evicting you.
That he has refused your rent tells me he's on his way to his attorney to get you out - and you will likely get stuck with his attorney fees too - unless you can show the court that you paid on time except this time - and maybe the court will show leniency and allow you to stay - in which case, start looking for a new place to live anyway. Your landlord wants you out.
2007-08-30 05:58:19 · answer #4 · answered by Naturescent 4 · 0⤊ 0⤋
your lease should address this situation, but most are fairly similar.
Usually its not late until the third day after its due, except for a holiday (you get another day).
After the third day there is a fee, like $50 usually, and a daily fee after that.
I would try to talk to him in person, in a public setting (his office would work if its open) and try to do this without involving a lawyer.
The landlord will lose money if you dont pay rent, and you'll lose a place to say. You guys should be able to comprimise if its only three days at issue here.
He may have just returned your check because it wasn't enough to pay for rent AND the fee.
2007-08-30 05:31:45 · answer #5 · answered by Phil M 7 · 0⤊ 0⤋
You have no standing to sue him since you violated the terms of the agreement. You would have to prove the landlord caused an injury (with testimony or affidavit from a doctor). Unfortunately, any anxiety was your own doing by failure to pay on time. Apparently, the landlord wanted you out and you have provided him a chance by paying late.
2007-08-30 05:30:31 · answer #6 · answered by Mr G 5 · 3⤊ 0⤋
if you want to stay ( i would advise against it -- there is no reason to give money to a bad landlord) you can get an attorney and the eviction process takes a long long time. they can't just throw you out legally. of course legally and current trends in american life aren't synonymous. try finding a new place somewhere like roommates.com, rent.com, even craigslist has roommate ads. the fight isn't worth it when you can get out easily.
2007-08-30 05:34:52 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Get an attorney and be prepared at the hearing to come up with all monies and late fees that are owed and you might just get to stay.
And no - you cannot sue him for your anxiety problem because you are the cause of your own anxiety because you did not pay your bills.
2007-08-30 05:30:33 · answer #8 · answered by Susie D 6 · 2⤊ 1⤋
Give him an additional $50 for his troubles plus next months rent in advance.
Maybe he'll go for it.
Somehow I'll bet you're a deadbeat tenant, and have been through this before.
2007-08-30 06:15:15 · answer #9 · answered by Dr Jello 7 · 0⤊ 1⤋
pay on time
sue, get over yourself
2007-08-30 05:31:41 · answer #10 · answered by Anonymous · 1⤊ 1⤋