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Discussion Boards => Off-Topic => Topic started by: sbck0617 on January 22, 2012, 05:43:04 am
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I am current up through December. I have been paying what I can each week - my hours were cut at work and I only am part time. I explained to the landlord that I have another part time job with higher rate of pay and hours and be patient with me but she filed already. Can she file before the end of this month since I am current with the other months?
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I am not sure where you are or what the law is, but if you are "late" or making partial payments instead of paying the total by the due date I think she can file if you are against your lease.
Good luck
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According to rentlaw.com the landlord must file what is called a cease and quit with the court and must notify you in WRITTING before proceeding,I would go to the website and see what other info is avail to you since the laws and rules vary from state to state www.rentlaw.com
GOOD LUCK :BangHead:
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she can withdraw her eviction if you both can come to terms, she may automatically file due to formalities...talk to her again. it might help :thumbsup:
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So sorry to hear about your situation with the landlord. I am behind a month and giving him what I can extra each month. I have explained to him I will get him caught up and thank goodness he is going to work with me for awhile. Hope your situation improves and landlord will work with you also.
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It seems a little harsh, but then again, if you are late with a complete payment (even if you are paying in increments), they have a right to start eviction proceedings. If this is just a person being the landlord, then it's usually easier to talk with them and make arrangements; they are human and tend to be more understanding. But if on the other hand it is some leasing company, then they are usually a bit more strict about the rules.
I had run into an issue with a previous landlord / leasing company that looked at the letter of the law more than the spirit of intent... I had wanted to move out starting March 1st and thinking the lease said I had to give a month notice, I went to them on January 31 to let them know. The lady helping me just accepted my letter on intent and we chatted about my plans for March. Then the next day, the letter was lying under my door and stamped across the top was Action Denied due to failure to notify in time. I went back to the office and the same lady looked at it and told me that the lease says notice in 30 days, not one month. Since February only had 28 days that year, I had not given them enough notice. She said she would try to work with the agency on my behalf (since I was off by only a day, and any other month, the one month notice would be fine) but she confided that she didn't think it'd be possible since the agency tended to be a real stickler when in came to legalities. So I ended up having to rent an extra month (on a month-by-month lease) which tacked on an extra $100 for a convenience fee.