eviction help!!! need advice, answers fast. i have 3 kids. (lease, credit rating)

[trishwag03]

So story is as follows. We moved in back in March paid first month rent and half of security when we got keys, rent is to be paid between first and 5th of every month if not lease says I have to pay $62 late fee.. Told LL I would have rest of security in April, never said when in April. So I paid rent April first like I was supposed to. I had 10 day eviction notice posted on door April 5th at 9 pm. When I asked why he said because I didn't pay security deposit on time. Again I never said when in April. OK I thought this to be extreme and unfair. But I did have the money and fully intended to give to him in morning. So I gave the impatient jerk the money that night and he said disregard the eviction notice. So as the months have gone by I have paid my rent every month and was only late once by 2 days I paid on the 7th of June. So every month my LL texts me asking when he will receive his rent. And he hounds me he will start texting me on the 28th of every month non stop until I pay him. Always before the 5th except for in June. So in June my husband lost his job, I work part time and do not make enough to cover even half of rent so I paid all our utilities but we do not have our rent for June. It was late as of the 5th. My husband just started a job middle of last week. No pay as of yet. It will be 3 weeks before we have our rent money for July. So my LL knows about our money problems at the moment and knows we have 3 kids go feed and take care of. Without telling me he was going to do it my LL posted a 10 day eviction notice today. My rent is only 8 days late. Now in my lease it says if late there is a late fee. Which I would have added to my rent payment. It also states that if I should be in default of my lease for any reason I should be given written notice of default and termination shall not result if within 30 days of receipt of such notice tenant has corrected the default or has taken action to correct default within reasonable time. So does he really have the right to throw me out in ten days. Because what I get from that is he should have given me 30 days and if I came up with the cash in 30 days be allowed to stay, right?? Can anyone help me? We have never been late on our rent before and I'm scared because we have not one place to go and ten days is not enough to find a place. Please help!!!

[Hopes]

It doesn't matter what you're going through, how many kids you have to feed, or what utilities need to be paid, landlords deserve to be paid on time. As a parent, rent should be the first bill you pay because providing your children with shelter should be your top priority.

What's happened is your landlord no longer wants you as a tenant. You have proven 3 time that you can't pay on time. The security deposit, June and now July.

The legalities aside, eventually you will be evicted. It's just a matter of time. Chances are he is applying the first eviction notice as you already been notified over 30 days prior. Even if you get more time, start preparing to move because he's going to find a way to get you out of there one way or another.

When you move to your new place, pay your rent on time. Stop bothering your landlords with details of your personal problems. They don't want the drama. All they want is the money.

[Flamingo13]

True - you've been late all along, sounds like you can't afford to live where you are living.

[selltheburgh]

they can evict you. on the other hand, they have to give you 60 days notice and file with the magistrate. you have some time to find somewhere new.

[trishwag03]

I know I can be evicted. That wasn't my question. My question was shouldn't it be thirty days because that's what my lease says. We went from having a very good amount of money to basically none. I have always paid my rent in the 15 years I've been renting. This has never happened before. Its nice to see you ask a question and get people being rude like they know you. I'm sorry I asked. Just trying to see why my lease says 30 days to make it right. Don't you have to follow the lease?

[Retiredcoach]

Be careful, if you are thinking about prolonging the eviction process and/or stop paying the rent until the constable's final arrival. The landlord has additional avenues he/she may take in order to collect all monies/fees/charges owed him. He/she has the ability to adversely affect your credit rating(s) ad infinitum. He/she can share the very negative story of your personal eviction with future prospective landlords. Lastly, he/she has avenues available to attach your future wages.

[Flamingo13]

You are saying that you had an eviction notice posted in April??? This is JULY!

[Hopes]

Originally Posted by trishwag03

Just trying to see why my lease says 30 days to make it right. Don't you have to follow the lease?

The wording you shared in the lease doesn't apply to habitual lateness. Your landlord has every right to start the eviction process without letting you "make it right" because you are habitually late. You only moved into the place in March, and you have been late April, June and July. That's 3 out of 5 months. He doesn't want you as a tenant. You don't get to "make it right" repeatedly.

[I_Like_Spam]

Originally Posted by trishwag03

So story is as follows. We moved in back in March paid first month rent and half of security when we got keys, rent is to be paid between first and 5th of every month if not lease says I have to pay $62 late fee..........

Tenants who don't pay their rent timely are a drag on any property business, and your landlord definitely wants to get rid of you in a hurry so he can get paying people in there before the weather breaks.

It doesn't sound like you are going to be able to pay on a timely basis.

Maybe the Urban League at 610 Wood St. might be able to help you with their housing counselors and perhaps get your family into some kind of project situation until you are together on this.

If you could borrow the money you owe from a relative to clean up your record with your current landlord, it will make it easier to find a new place once you get back on your feet financially.

[Q-tip motha]

Originally Posted by trishwag03

So story is as follows. We moved in back in March paid first month rent and half of security when we got keys, rent is to be paid between first and 5th of every month if not lease says I have to pay $62 late fee.. Told LL I would have rest of security in April, never said when in April. So I paid rent April first like I was supposed to. I had 10 day eviction notice posted on door April 5th at 9 pm. When I asked why he said because I didn't pay security deposit on time. Again I never said when in April. OK I thought this to be extreme and unfair. But I did have the money and fully intended to give to him in morning. So I gave the impatient jerk the money that night and he said disregard the eviction notice. So as the months have gone by I have paid my rent every month and was only late once by 2 days I paid on the 7th of June. So every month my LL texts me asking when he will receive his rent. And he hounds me he will start texting me on the 28th of every month non stop until I pay him. Always before the 5th except for in June. So in June my husband lost his job, I work part time and do not make enough to cover even half of rent so I paid all our utilities but we do not have our rent for June. It was late as of the 5th. My husband just started a job middle of last week. No pay as of yet. It will be 3 weeks before we have our rent money for July. So my LL knows about our money problems at the moment and knows we have 3 kids go feed and take care of. Without telling me he was going to do it my LL posted a 10 day eviction notice today. My rent is only 8 days late. Now in my lease it says if late there is a late fee. Which I would have added to my rent payment. It also states that if I should be in default of my lease for any reason I should be given written notice of default and termination shall not result if within 30 days of receipt of such notice tenant has corrected the default or has taken action to correct default within reasonable time. So does he really have the right to throw me out in ten days. Because what I get from that is he should have given me 30 days and if I came up with the cash in 30 days be allowed to stay, right?? Can anyone help me? We have never been late on our rent before and I'm scared because we have not one place to go and ten days is not enough to find a place. Please help!!!

I imagine if you've been paying rent, and he's been cashing those checks that 10 day notice doesn't mean squat. He can't simply keep banking your checks and decide that he wants to act based on the earlier eviction notice. He can evict, but the timetable for that to actually happen will probably reset.


If you've been paying in cash you're probably screwed. Don't do that anymore. Pay in a manner that leaves a paper trail.

I sympathize with where you're at right now, but your landlord has every right to be paid on time as per the contract you signed.