Eviction notice from just one day of being late w/ rent? ?

Question

Hello, everyone!

When I got home yesterday, there was a memo taped to my door and all of my neighbors doors stating that starting Sept. 1, 2008 if any tenant does not have their rent turned into the office by the 5th of each month, on the 6th, they will be evicted.

Is this legal?

One can be evicted after just one day late?

I was under the impression that a person needed 30 days notice before being evicted?

I have never been late w/ my rent, and I pray to God that I never have to be late, but wow, if I can't come up w/ the money until one day ONE DAY after my rent is due then I will be evicted even though I have always been on time in the past? That doesn't seem fair.

What do think?

Answer 1

Late payment, even a little late, is a breach of the lease and grounds for seeking eviction.  Sounds like the rent is due on the first, but that you have a few days grace period (which is not required by any law) but that the landlord has decided that grace period is the only grace period.  

Answer 2

Read your lease.. it should state something to do with late payment and/or late fees..

also.. check your states landlord/tenant eviction laws.. as in some states there needs to be specific circumstances or just cause for the eviction other then just late payment..

If you are ever late.. makes and record attempts to pay the rent and any late fees.. as it will show if the landlord refuses to accept payment.. save any rent money in case it can be settled by simply paying the amount..

Answer 3

A landlord has to give a 3 day notice first and then can start the eviction and the court will give you a court date and then at court the judge will ask you question and if the judge finds in the landlords favor then you will get a move out date  

Answer 4

Check your lease or rental agreement.  A notice is not the same as an actual eviction and what is meant is that a day late will prompt an eviction notice.

Answer 5

They will begin the eviction process.  It does take some time.  Normally eviction is a very expensive process for the landlord so if they threaten you and you pay they won't go through with it.  

Answer 6

This has happened to me before, my rental office will send me a letter after a day of being late but the letter will give me 10 days to pay it or then I will be evicted.  

Answer 7

wondering how your lease argreement work and for it states about being late in rent payments, the landlord should amend it by adding that to the lease agreement, I would check with legal aid

Answer 8

Yes it is.  What that means is that if you do not pay on the 5th, on the six the company will start the eviction process.  Once filed you will have a three day or quit, which means that you have an additional three days to pay before the court process begins.

Once the court process begins you will be evicted, the duration of how long you have to stay depends upon how long it takes the court to process your eviction, normally between 30 and 60 days.

That actually isn't one day late on rent, that is 5 by the time an eviction is filed.  

Rent is due on the 1st, pay on the first.

Answer 9

State laws vary. Where do you live?

Answer 10

I believe you will find that the laws in most states require a 30 day notice.

Answer 11

I don't know the what state you are from therefore can not specifically comment on your situation though in Illinois after 5 days of being late you can leave a 5 day notice on the door requesting full payment or eviction proceedings will begin.  In reality in Illinois the system is so screwed up and laws written so heavily for the tenant that it's easy for a tenant to stay in a property for at least 9 months without paying rent before they'll get evicted.  I know of several examples where people moved in to a unit without even having a lease and managed to stay for over 1 year without ever paying a penny in rent or signing a lease.  The bottom line is your landlord jumped the gun and may be having financial problems so be aware of that.  More importantly your agreement is to have the rent to your landlord on or before the first of the month.  Turn your rent in per what you promised on or before the first of the month and you won't have any problems.  You landlord has payments just like you so stick to your deal and everything will be fine.

Answer 12

they maybe can give you a written eviction notice but have the money order with the date of the money order to show the judge you had every intention of paying it, just because they write and eviction notice they need to take you to court to actually physically remove you. tenants have rights and even though the property owner is tired of late rents from other tenants they have to respect the law and the rights of the responsible tenants. dont take any **** from anyone until you know your rights. thats what i think.

Answer 13

Go  back and read your lease.  That's the first place you should start.

Answer 14

It depends on your State Law's.  In general, they can't require you to MOVE-OUT after only 1 daynotification that you are being evicted (usually have to grant you 10-30 days to find another dwelling).  However, it is possible that they can give you an eviction notice (with time to move) if you don't pay your rent by a specific date (and even if you pay shortly after).  Of course some States make it harder (such as CA) and it can require a Court Order to evict someone.

Answer 15

It should have stated that the "eviction process" will start on the 6th.

The landlord would have to formally evict you. That means taking you to court. The landlord has to get an order to vacate signed by a judge. This could take several weeks.

If you have to be evicted by a court, the eviction becomes public record that will show up on your credit report.

Read your lease. It would state how many days grace period you have to pay your rent. Some landlords allow until the 10th of the month with added late fees.

If you lease states that you have longer than until the 6th of the month to pay your rent, that would override any subsequent threats by the landlord.

Answer 16

I think that it's a scare tactic and can't be enforced because it's illegal.

  For your own peace of mind you should do a little research with your local Housing Authority to find out exactly what your rights are.

   Don't tip your hand, though. I'm pretty sure that your Landlord isn't following the law, but don't let them know that you know.

Answer 17

Find out local legislation on this. And read your lease or contract. Get some legal advice. After you get the information you need, if it is not legal (and it doesn't sound right), talk to your neighbours and work together. That way if the landlord tries to evict anyone illegally you can all take action.