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I'm at a loss what to do....I am only 4 days late on my rent and my landlord sent me an email stating that they want us to sign a "formal letter" that states we are to move out of the apartment in 45 days. Now I know that would be very stupid to do and that our landlord has to go through the eviction process if they want us out. My question is, can they evict us when we are only 4 days past due (We are actually 14 days, but we have until the 10th to pay our rent, so that is why we are only essentially 4 days late.)? We have lived at this residence for a little over 3 years and have only ONCE been one full month late. At that time, when we did pay them the rent, we gave them 3 months rent, the past due, current month and the following month's rent early. Other than that they have always received their rent. We might have been a couple of days late, here and there but they have always received it.
Can my landlord evict us for this? If so, what do we do? Can we prevent this eviction from happening, even if we go to court?
If your landlord wants to evict you he'll have to inform you directly of that intent, usually by a "Notice to Quit" letter which is a form from the state. After that letter is sent you have 3 days to pay in full or of course vacate. After that he will have to hire a State Marshal to serve your residence with a "Summons" of which you will respond to. After that a court date will be set, and you will have to appear to defend your case (you don't need a lawyer). There is still time for reconciliation before you see a judge, but after it's up to him or her.
Best thing you can do is pay the rent (plus any late fees so check your lease) as soon as you can, send it via certified postage with receipt, and keep all your records. If your landlord cashes the check there really is no case for eviction and the judge will most likely find in your favour. Paying within the response time for after the Notice to Quit is the best course of action.
Thank you. I really hope so to. I have a dog and 10 cats so I'm very worried about this right now....especially with the winter coming. :-(
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Originally Posted by Rakin
Did you ever consider it's because of the animals why he wants to evict and the 4 day late is just his excuse ?
Nicole, I'm a property owner and a landlord here in Pennsylvania ... and I cannot imagine the laws being much different in Connecticut as they are here.
My feeling is that a landlord can NOT evict a tenant for being just 4 days late. You have established residency in his property and you do have some rights.
1. What kind of lease do you have? If you have no lease, and are just renting on a "month to month basis" on a verbal agreement, he can ask you to leave in 30 days. However, if you fight him you might prolong the process for an additional 30 or 60 days. I must stress that if you do not have a valid, current lease in writing your case will be weak.
2. Are you breaking the terms of your lease by having so many animals as pets? I have heard of "pet friendly" rental apartments ... but I don't think that means 11 animals living with you! If he is not aware of the animals, make sure he doesn't find out! That could strengthen his case against you.
3. You must pay the rent on time. Write a nice letter explaining why you were tardy and promise it will not happen again. Keep a copy for yourself. Keep copies of all your rent checks and correspondences.
4. This suggestion is going to get me in trouble with others here and I am not suggesting you become combative and mean spirited, but ... investigate any property violations or anything in your building that does not meet building codes ... that might be reported to the Department of Licenses and Inspections. If the landlord is going to make your life miserable you can use these as "bargaining chips" to get him to lay off. Take pictures of broken screens, windows, water leaks, lack of smoke detectors or fire extinguishers, etc.
5. Contact an agency in your county that deals with tenant/landlord disputes.
Nicole, remember ... society, the local government, law enforcement agencies, and everyone else does not want to see people homeless. A landlord has to cut you some slack. You are not the first person in the world who was a little late paying your rent. It happens thousands of times a day in every city across America and the world. I suspect this is about something more serious than just the tardiness of the rent.
I am only 4 days late on my rent (We are actually 14 days, but we have until the 10th to pay our rent, so that is why we are only essentially 4 days late.)?
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Originally Posted by NicoleVD
ONCE been one full month late.
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Originally Posted by NicoleVD
We might have been a couple of days late, here and there
Quote:
Originally Posted by NicoleVD
I have a dog and 10 cats
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Originally Posted by NicoleVD
Can my landlord evict us for this? If so, what do we do? Can we prevent this eviction from happening, even if we go to court?
Unfortunetly he has a good case about your payment history and animal situation.
Not sure what the lease states and Im not sure what other details are being left out . ie (property damage, more late payments, neighbor complaints, animal health, animal waste, ect) but I hope for the best for those animals sake in particular. Its going to be hard to find a place to live with 12 animals. In fact, that might be against state regulation laws.
Good luck.
FYI........ You are 2 weeks late NOT 4 days. Your payment is DUE on the 1st NOT the 10th.
Nicole, I'm a property owner and a landlord here in Pennsylvania ...
If he is not aware of the animals, make sure he doesn't find out! That could strengthen his case against you.
You must pay the rent on time. Write a nice letter explaining why you were tardy and promise it will not happen again.
This suggestion is going to get me in trouble with others here and I am not suggesting you become combative and mean spirited, but ... investigate any property violations or anything in your building that does not meet building codes ... that might be reported to the Department of Licenses and Inspections. If the landlord is going to make your life miserable you can use these as "bargaining chips" to get him to lay off.
A landlord has to cut you some slack. You are not the first person in the world who was a little late paying your rent.
This sounds like something that was written by a lifelong renter that can't pay their rent on time. IMHO.
Did you ever consider it's because of the animals why he wants to evict and the 4 day late is just his excuse ?
That's what I was thinking. 10 cats is a bit much.
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If he is not aware of the animals, make sure he doesn't find out! That could strengthen his case against you.
