Rent is overdue by one day, Why am I getting a 3 day pay or quit notice??

Question

Rent is due on the first as always.. I've been living in my apartment for over a year and have paid on time everytime for at least the last 12 months. I usually mail my check and I sent it out first thing this morning... Today is Monday the 4th, Technically the second business day after rent was due. When I got home from work I had a notice on my door stating that I have 3 days to pay or quit. Why am I getting this? It's day 4 and only the second business day.. How many days are they supposed to wait until they can legally give me a notice like this?? I sent in the check first thing this morning before I even got this notice.. What do I do?

Answer 1

Your landlord doesn't allow any grace.  The first, a Friday, came and went, and he didn't see your check.  You are late, one day, but late.

I'd guess that he has chosen a zero-tolerance policy.  Speculating, I would guess that your landlord has had problems with deadbeats. Call your landlord and tell them that you've mailed it.  Have the check number - it's a way to help show that you are serious.

Mail out your check a couple days early?  

Answer 2

Your landlord isn't allowing any grace period. When he didn't get his rent on the day it was due, he posted a pay or quit notice.They can give such a notice the first day your rent is late. Call him tomorrow and see if he has received your check. Tell him when you mailed it. It says pay or quit so there should be no problem, you paid.

Answer 3

The three-day notice is a formality. They can give you a notice like that on the first day the rent is officially late. If you DON'T pay your rent and the late penalty, they'll probably start eviction proceedings. It'll take about 30 days for them to actually force you out.

For instance, my rent is due on the first, but I have until the 5th to actually pay it before it's considered late. On day 6, I would probably come home to find a 3-day notice on my door.

I've never ever been late with my rent.

Answer 4

The pay or quit notice is a legally necessary to collect the full amount you owe.  You likely owe a late fee in addition to your monthly rent and the notice they gave you is in reference to it as they will not cash your rent check until the check also includes these fees.  If they went ahead and cashed your (late) rental check they would legally be forgiving your lateness.  It is likely illegal for a landlord to tally up late fees after the fact.

In addition, if you don't pay your rent, for whatever reason, the pay or quit notice is something they have to provide you before they can take you to eviction court.  Sounds to me like you have a hardcore property management company at your apartment.