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However, if you are late with rent in any future month, he can evict you much easier. Even if rent is 1 day late. In your state he only needs to notify you that you have 15 days to move out or be evicted if the rent is not received by the 1st. At that time he doesn't need to give you 5 days to pay up.
This is the OP's SECOND late payment within the statutory period, so I believe the landlord is evicting using that provision of the law.
This is the OP's SECOND late payment within the statutory period, so I believe the landlord is evicting using that provision of the law.
No, on the eviction notice it said Non Payment of February's rent as well as 3 late fees totalling $150 (the two plus now February...which WASN'T late). That is a load of crap he clearly got my February money order as seen with the Endorsement Document. Hrs suing me for non payment of rent. This whole thing is just bizaar to me. What is he gonna say in court when I present the Endorsement Document showing that he indeed cashed and received the money order? Why would he file for eviction for non payment of rent when he know he received it. That's like a waste of filling fees. Unless he and his "attorney" had some other tricks up their sleeves. I just don't see how that's legally a case.
You said in your first post that you hand delivered the rent money order to the MAILMAN on Feb 2nd. This means your February rent was late. It should have been in the landlord's mailbox no later than Feb 1st.
Normally rent is DUE on the 1st. If you are using the postal service and mailing to a different city but in same state, you should mail it approx 2-3 days before the due date. You don't mail it on the 1st or 31st and assume it's on time just based on when you SENT it. You need to have it in the landlord's mail box by the 1st.
Also when you mailed it in December you are blaming it on the post office. Keep in mind it's your responsibility to get it into the mail earlier if you know there are holidays.
Here your rent for March is due Sunday and you still haven't mailed it and it's already Friday afternoon. So March's rent looks like it will be late too. Look at all the trouble this has caused for you. Sounds like you are sending your rent late every month. Not good.
Therefore we always go by the date on the stamp from US postal since that should indicate the date or a day after it was put in the mail and if that is not within the grace period than the tenant is out of luck. We do tell them that the next time they need to mail it earlier since mailing it on the date that the grace period is over is their fault not ours.
In Florida we only have to post one 3 day notice within a certain time frame and next time we can go straight to court without any notice unless the time frame expires.
In Florida we only have to post one 3 day notice within a certain time frame and next time we can go straight to court without any notice unless the time frame expires.
You said in your first post that you hand delivered the rent money order to the MAILMAN on Feb 2nd. This means your February rent was late. It should have been in the landlord's mailbox no later than Feb 1st.
It's not late until 5 weekdays after the rent due date.
(4b) LATE FEE. (a) The operator may charge a reasonable late
fee for each month a lessee does not pay rent by 5 weekdays after
the rent is due if the amount of the late fee is contained in the rental
agreement.
It's not late until 5 weekdays after the rent due date.
(4b) LATE FEE. (a) The operator may charge a reasonable late
fee for each month a lessee does not pay rent by 5 weekdays after
the rent is due if the amount of the late fee is contained in the rental
agreement.
The above quote is about late fees and when they can kick in. What state is that quote from above?
In OP's state(WI), there is no grace period per state law on when rent is considered 'late'. WI law says that landlord must have rent by the due date else it is considered late. Not even one day grace period.
This means the landlord can give notice on the 2nd to the OP - notice to move out because rent was not received by the 1st.
If the above 5 day 'late fee' is WI law(is it?), then the landlord can't charge late fee until 5 weekdays after the due date. But it's still officially considered 'late' on the 2nd and a move out notice could be issued on the 2nd. Who really gives a hoot about whether a late fee will apply when you have been given 'walking papers'.
You said in your first post that you hand delivered the rent money order to the MAILMAN on Feb 2nd. This means your February rent was late. It should have been in the landlord's mailbox no later than Feb 1st.
I understand what you're saying but as I stated, I can't pay my rent until I get paid as well. Hopefully we can come to some kind of agreement for a grace period in court tomorrow. I can't help that I got hurt and have to live on SSI for now. He also KNEW that, it's on my rental application. He could have communicated with me better as well. Instead of being arse hole and slapping me with a eviction like I'm some kind of a bad disruptive tenant that he just wants gone. Hell, I JUST got here smh.
I understand what you're saying but as I stated, I can't pay my rent until I get paid as well.
There is no "but ...". Your lease terms rule and if the rent due date doesn't work, you work it out with your LL (which is simply a repetition of what's been said several times before on this thread). There is no "but" - but hopefully you'll finally get it squared away. Good luck.
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