Rent is due on the 1st ,I have 3 day grace period, states it in lease, can landlord give me an eviction on 2nd

Question

in my lease it states that i have 3 day grace period before rent is considered late, and fees kick in. on the 2nd of july i recieved an eviction notice. i have to go to court friday on the 18th. is this legal. i have moved like the landlord asked. this was the first time the rent would have been late. its just me and my 10 year old son. it took me two weeks to move. late fees are 25.00 a day, do i have to still pay july,s rent, two months to get out of lease and still lose my security deposit. i had to move a three bedroom house into a neighbors for storage.

Answer 1

OK, here is how a grace period works. Your rent is DUE on the first of the month. Your rent is LATE on the second of the month. It's late on the third of the month. It's late on the fourth of the month, but NOW you've agreed to pate a late fee. THAT is what's called a grace period.

You can absolutely be given an eviction on the second-- it has nothing whatsoever to do with when the rent is DUE- it only concerns the late fee. Rent is DUE on the first of the month.

Answer 2

If you have a 3 day grace period before the rent is considered late he has no right to be giving you an eviction notice on the 2nd. That sounds ludicrous to me unless you have left some important details out.

It sounds like you were evicted illegally.  Did you get your rent money in for July on time?  Because by the sounds of it you had until July 3rd.  

You are still obligated to pay for the days in July that you occupied the premises.  Where I live landlords issue what is called a 5 and 10 when rent is late. 5 days to pay the rent and if it's not paid you're given 10 days to clear out.  

Unless there is something wrong here I would be suing for wrongful eviction.  You should be entitled to your security deposit as long as you didn't damage the place.  The landlord may also have a right to deduct expenses for cleaning the drapes and carpet but you should definitely get back most of your security deposit.

I'm not sure what you mean by late fees $25.  Late fees for what?

I would also be suing for your moving expenses and stress.

Please explain why you moved out before your court date.  Who is taking whom to court?

Answer 3

You should have gotten a hold of an attorney specializing in landlord-tenant law the day you got the notice.  It is a violation of your lease, and probably a violation of laws in your state and/or city as well.  

Get an attorney post haste who will have this landlord's guts for garters in court!  If the landlord violated the lease and the law, he will be paying you -- rather a lot.

Answer 4

without knowing the complete story it is hard to answer this question.  landlords can evict for a number of reasons other than late rent.  also different states have different laws. i would think that if it is a rent late only issue and no history of late rent that you may have a defense. i dont know this for sure. once you go to the small claims hearing to fight your case the magistrate will rule based on the laws of your state. if the landlord wronged you a good moral judicial official will not rule in his favor. also if you dont show up for court an almost automatic judgment will be given to the landlord and then you will be forced to pay the amount owed. also when you go to court if you do lose the case the magistrate might lessen the financial burden for you ( ive seen this before )