If you don’t abide by the terms of the termination notice, it is then that your landlord can then begin an eviction lawsuit.
Every state requires landlords to follow certain procedures when terminating a tenancy, and state laws regarding the timing of and required content of termination notices—often called “quit” or “pay rent or quit” notices—vary greatly. You’ll need to check your state’s law on termination for nonpayment of rent for the specifics about:
When you receive a notice to pay rent or quit, read it carefully, and evaluate your options. Pay the rent if you can before the deadline, or contact your landlord to see if you can negotiate a payment plan or get an extension. If you’re able to come to an agreement, get it in writing.
If you receive an unconditional quit notice, or you know you can’t pay rent, try to move out before the deadline. Even if you move out, your landlord is still entitled to rent and late fees due. Your landlord might deduct what you owe from your security deposit, and, if the deposit isn’t enough, can sue you for the remaining amount. However, moving out voluntarily is preferable to being evicted, and your landlord might decide it’s not worth the effort to sue you. On the other hand, if your landlord is forced to evict you, you’ll not only have an eviction judgment against you, but also possibly a judgment for rent, late fees, attorneys’ fees, and court costs.
Your landlord can’t evict you—that is, physically throw you and your possessions out of the rental—without a court order. To secure a court order, your landlord must follow all termination and eviction lawsuit procedures, and demonstrate at trial that you’ve done something wrong (like not paying the rent) that justifies eviction. If you have a defense—a reason why you shouldn’t be evicted—you will be able to present it to the court.
For a discussion of eviction procedure, including time periods, negotiation strategies, and an overview of an eviction lawsuit, see Every Tenant’s Legal Guide (California residents, see California Tenants' Rights) and Every Landlord's Legal Guide.
]]>You’re more likely to be successful (and avoid an eviction lawsuit) by being up front with your landlord about your situation, and asking for an extension. A landlord who considers you a good tenant won’t want to lose you: Evictions are difficult and expensive, and once you're out, the landlord will have to find and move in new tenants. This means you can probably get the landlord to accept a portion of the rent now—maybe even a small portion—and the rest later. Here are some basic steps to take:
It's likely that your landlord is counting on your timely check to cover the mortgage payment on the rental. Because the bank won’t forgive your landlord's tardiness, your landlord can’t afford to ignore yours. And it’s equally naive to think that you can ignore the landlord’s phone calls or emails.
Nothing infuriates a landlord more than dealing with a sneaky tenant who consistently bounces rent checks. Stirring up your landlord’s ire isn’t the only consequence of a bad check: Keep in mind that sending a worthless check (or one that’s not signed) is like sending no rent at all. If your landlord has a late fee policy, it will kick in regardless of your bounced check; and, a bounced check is grounds to terminate your tenancy.
Like any other business, your landlord has the legal right to charge you if your rent check bounces. The charge must be reasonable—such as the amount the bank charges for a returned check, probably $20 to $50 per returned item, plus a few dollars for the landlord’s trouble.
Your landlord should tell you in advance—in the lease or rental agreement, orally, or by means of an obvious sign in the rental office where you bring your monthly check—that a bounced check fee will be imposed.
]]>Sorry, but this is not true. Rent is legally due on the date specified in your agreement (usually the first of the month), and in the form of payment (usually check) that the landlord requires. Of course, you will want to make sure that the agreement complies with the rental laws in your state.
Your lease or rental agreement should spell out the details on when rent is due and where and how to pay it. Most leases and rental agreements call for rent to be paid monthly, in advance, on the first day of the month. However, landlords are normally legally free to establish a different monthly payment date—or even to require that rent be paid weekly or bimonthly.
Some landlords make the rent payable each month on the date the tenant first moved in. Most find it easier, however, to prorate rent for a short first month and thereafter collect rent on the first of the month. As with most rental issues, your landlord calls the shots on these things. It doesn’t hurt to negotiate, however, if you really would prefer a different rent due date.
Most lease and rental agreements say that when the rent due date falls on a weekend day or legal holiday, the tenant must pay rent by the next business day. This sensible practice is legally required in some states and is the general practice in most.
If your landlord insists on receiving the rent check by the first of the month (or other due date), even if mail is not delivered on that day, take a look at the law in your state—you may find that your landlord is violating it. If not, you may have to bite the bullet and get your rent in early.
Your lease or rental agreement probably also states where you should pay the rent and how it should be paid. Mailing your rent check to the landlord’s business address is the most common method of rent payment, unless your landlord or manager has an on-site office. If you mail your rent check, make sure that it arrives on the due date. It is not sufficient to mail your check on the day it is due.
Tenants often feel that the form of payment—cash or check—should be up to them. Unfortunately, it’s not your call. Most landlords require rent be paid by check or money order, but some landlords now allow payment by credit card (a great way to build up frequent flyer miles!) or automatic debit (rent payments are debited automatically each month from your bank account and transferred into the landlord’s account).
These days, many landlords won’t accept rent in cash—they don’t want the risk of keeping large amounts of cash on hand. Your safety, too, will be imperiled if the word gets out that you regularly make a trip to the manager’s office carrying several hundred dollars in cash. If you must pay in cash, be sure to get a written, dated receipt stating your name and the amount paid. It’s your only proof that you did, indeed, pay the rent.
If you don’t pay rent when it’s due, expect your landlord to do the following:
If your lease or rental agreement says nothing about late fees, your landlord may not impose one, no matter how reasonable it is. For example, if you hand your rent check to the landlord two days late and he tells you he will accept it only if you pay an additional $10, you may refuse unless your lease or rental agreement includes a late fee clause. Keep in mind, however, that being too hasty to assert your rights over a relatively modest sum of money may not be worth the bad feelings that could come back to haunt you in the future.
Laws in a few states restrict the imposition of late fees, both by amount, and whether the landlord must wait until you're a certain number of days late before he imposes them. See your state rent rules for details (and you're local rent control ordinance, if your rental is covered by rent control or regulation).
Most states, however, do not put dollar limits on late fees. Does this mean your landlord can charge whatever he wants? No. Under general legal principles, your landlord may not charge an unreasonably high late rent fee.
Here are some guidelines for judging what's unreasonable:
Obviously, the surest way to avoid a late fee is to pay your rent on time. But if you cannot do this, don't automatically assume that there's nothing you can do about the penalty.
Your landlord may not impose a late fee unless the lease or rental agreement has a late fee clause (or unless he's told you about the policy, if you have only an oral rental agreement). However, this rule of law won't stop some landlords.
If you refuse to pay the fee, be prepared to be asked to move at the first legal opportunity—with proper notice if you rent with a rental agreement, or by the landlord refusing to renew your lease when it expires. Remember, in most states a landlord can terminate a month-to-month tenant, or decide not to renew a lease, without having to give a reason. (If you're in a state that prohibits landlord retaliation, you may have some protection, but you're still in for a legal fight.) To avoid the risk of losing your home, if the amount is something you can live with it may make more sense to pay the fee and begin looking elsewhere for a better landlord.
If you've signed a lease or rental agreement that contains an outlandish late fee policy, you can still refuse to pay it and challenge it in court when the landlord seeks to evict you for breaking a lease provision. Why? Most courts consider the imposition of enormous late fees, like outrageous high-interest loans, to raise an important public policy issue. They will listen to your defense (though not necessarily rule in your favor) in spite of the landlord's claim that you "waived" the right to protest when you signed the lease or agreement.
It's usually better however, that you not risk the threat of an eviction lawsuit (which always includes the possibility that you'll lose). Instead, pay the fee if possible and file your own lawsuit in small claims court, asking that the judge order the landlord to return it. That way, the only thing at stake is your time and the small filing fee, not your home. But it goes without saying that once you've sued your landlord you can expect a termination notice at the first legal opportunity, and would do well to begin checking Craigslist for a new rental.
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