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At 12:01pm the owner of the propertry taped a 3 day pay or quit notice to the gate-so my mom called him and stated that since her rent is due on the 1st and late after the 5th she had til midnight to pay the rent-but told him it was sent certified mail and he would get it tomorrow the 6th--so at 12:33pm the owner came back and taped another notice to the gate saying 3 day notice to quit and to top it off he is video recording the whole thing --so my mom says to him what rental I have none because he refuses and the dude just says that it was due on the 1st no matter what---WTF this dude came from the stupid planet-once again more paper to take to court and will make him look like the biggest idiot..
At 12:01pm the owner of the propertry taped a 3 day pay or quit notice to the gate-so my mom called him and stated that since her rent is due on the 1st and late after the 5th she had til midnight to pay the rent-but told him it was sent certified mail and he would get it tomorrow the 6th--so at 12:33pm the owner came back and taped another notice to the gate saying 3 day notice to quit and to top it off he is video recording the whole thing --so my mom says to him what rental I have none because he refuses and the dude just says that it was due on the 1st no matter what---WTF this dude came from the stupid planet-once again more paper to take to court and will make him look like the biggest idiot..
Why not mail the rent so that it is received by the 1st of the month, (the actual due date) instead of abusing the 5 day "grace" period? Wouldn't that be easier than dealing with an irate landlord?
nothing in writing from him states the rent is suppose to be paid on the 1st..
but my mom always paid the rent & bills on the 1st. just this month she was sick & could not get to the post office until today..
nothing in writing from him states the rent is suppose to be paid on the 1st..
but my mom always paid the rent & bills on the 1st. just this month she was sick & could not get to the post office until today..
the lease that he refuses to go by was on the 1st, but had no late day as long as it was paid within the month.. but we always paid on the 1st just this month it was paid today because my mom was sick
nothing in writing from him states the rent is suppose to be paid on the 1st..
but my mom always paid the rent & bills on the 1st. just this month she was sick & could not get to the post office until today..
I was basing my suggestion on YOUR earlier post that said the rent is due on the first and deemed late after the 5th.
the lease that he refuses to go by was on the 1st, but had no late day as long as it was paid within the month.. but we always paid on the 1st just this month it was paid today because my mom was sick
If the lease says rent is due on the first, and doesn't say anything about a grace period, then it is actually late on the 2nd, and he could serve a 3 day pay or quit on the 2nd and be within his rights.
I never did see an answer to whether the owner purchased this at the auction and intends to occupy, or bought it from the bank after the foreclosure. That does make a difference to what they are allowed to do.
Sorry, OP, I was with you until this post, but paying rent on the 6th that is due on the 1st will get you an eviction notice from most responsible landlords, so I can't side with you on this one.
You also can't use the excuse that nothing from him says you have to pay on the first. If you want him to honor the lease, you have to do the same, and the lease says the 1st, from what you have said. Even if it did have a 5 day grace period, which you have said it doesn't, that is to allow for late mail, and weekends, and whatnot, so the 6th is definitely late, regardless of the reason.
If you end up in court, the judges usually will look at the words in the lease to determine the due date. If all the klease says is the rent is due on the 1st and does not have any grace period or wording that its late after a certain date, the date the judge will probably go by is the 1st. If you can show a history of paying the rent on another date, you may be able to show that the other date is the date accepted by the LL as due.
As for mailing, the judge will go by the reasonable delivery date. A certifed letter may have a 2 day reasonable deliver date which means if you mail it on the 1st, it is reasonable that the LL will not get it until the 3rd. If it's due on the 1st and you mailed it on the 2nd and the LL didn;t get it until the 3rd, the rent is late by most judges because you didn;t even mail it in enough time for it to reasonably get to the LL in time. Mailing a letter, regardless of the method, is not payment of the rent. Delivery or attempted delivery to the LL by the PO is payment if within the time period specific on the lease. Judges have been known to deem rent late even if you mailed it in enough time and some problem with the mail occured and delayed it. But if you mailed in the day before its due and the LL didn;t get it the next day, you can pretty much guess they will side with the LL.
Last edited by PacificFlights; 08-05-2011 at 04:14 PM..
nothing in writing from him states the rent is suppose to be paid on the 1st..
but my mom always paid the rent & bills on the 1st. just this month she was sick & could not get to the post office until today..
Your mom is on SSI and is sick so why didnt YOU take it to the post office box? you said yourself you were unemployed so why do you wait for mom to take it when she is not 100% able bodied?
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