I just received a 3 day pay or quit notice but I mailed out the rent 7 days ago. Do i still have to vacate?

Question

I told my landlord i was going to be late with the rent and she told me it was ok as long as i mailed it by the end of the month. SO I am so confused as to why I received notice. The rents been mailed. I tried to contact her but she does not accept my calls. I contacted the lawyers office and they told me It is what it is. I Do not know what to do at this point.

Answer 1

You should continue your attempt to contact your landlord to make sure the rent was received.  It is possible that the letters crossed in the mail.  Try calling your landlord.  Or contact the lawyer and ask specific questions and tell him that you need answerers.  use the magic words "Time is of the essence".  You can also send a registered letter to your landlord if necessary.  That will give you proof that you did try to contact the landlord.  

I'm not a lawyer (but I am a landlord).  Your only defense against eviction is a claim that your landlord was being unreasonable.  If you have proof that you sent your rent in then you are in good standing.  Failure of your landlord to take your calls to clear up the matter is being unreasonable.  

Answer 2

The 3 day notice means that she gets to go to court on the 4th day.  The court case will be in 25 days.  If your rent arrives before then, you remain in possession of the home.

If the mail got lost or she doesn't cash the check, pay her in cash to stop the eviction.

Answer 3

It sounds like you are being evicted.   However, you paid the rent.   Keep the check after the bank returns it, you will need it to prove you paid rent.

Answer 4

With an issue of your rent getting to your landlord on time or a few days late. You should have either put the check into the hands of the landlord or if that was not an option. You should have spent an extra 65 cents for delivery confirmation with USPS. This way you would know for sure your check was received. Now you have to keep checking your bank account to see if the check was cashed. Keep calling and leave messages or go meet the landlord.

Remember this... "the check is in the mail" is a running joke for you will not get your money anytime soon. So, if you give a tracking number or a delivery confirmation number, that will go a long way.