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My wife and I live in medford along with our three children. We started renting this apartment over 4 months ago. The landlord was listed on the AirBNB thats how we found her. We have been paying her cash except for signing over one of my checks. She has never given us a lease agreement, but I do have texts from her telling me that she is writing it up. We were 4 days late last month on rent, and after being 7 days late this month she completely flipped and sent a crazy email telling us she wants us out ASAP. Looking online i have found out that she has to give me at least a 30 day notice, then file for eviction if it comes to that. I just dont know what to do. On a side note the AC went out a month ago and she hasnt fixed it, as well as the hot water heater barely works, both of which we have notified her about.
What do I do?
THANKS!!
Look up your state's statutes on Landlord/Tenant law. Your situation may be covered.
I haven't rented in over 10 years. I have owned three houses and paid them all off in that span. I had a stroke and lost my job in California, went through a nasty divorce and lost everything. We have picked ourselves up and moved here for a new job and a new start.
You don't get a 30 day notice and 30 days to move out when you stop paying rent, which you have done.
You get a notice that an eviction process has started on day seven after rent was due.. The eviction will be done before the 30 day period is over.
You don't get to stay when you don't pay.
You're correct, but surely as a landlord you know that you have to close that loop. And you also know that if you start the eviction process and then accept rent then that will functionally stop your eviction; the courts look at it as being settled.
The law protects landlords from freeloaders as sure as it protects tenants from screwball LL's; which is to say that it does a mediocre job for both landlords and tenants when they're on the receiving end of the shellacking. In this case the landlord would be within their rights to do as you've outlined. But you can't just yell and scream about it, you have to initiate the process. Similarly, tenants have to know their rights and responsibilities.
I read the whole thread. Sounds like you are on a default month to month agreement since your LL didnt make you sign a lease.
First the good news. You will have no traumatic experience where you and the kids are forcefully pulled out of the apartment by police. What the LL told you is BS. Even in the most Landlord friendly state (like where I own properties) a landlord cannot do that.
The only way the police will physically remove you from the property is with an eviction notice. And trust me when I say that you will have plenty of advance warning before it gets to a point where the police show up to drag you out of the house.
However, you are wrong in thinking that the LL must give you a 30 day notice to evict when you are late in paying rent. Its a bit more complicated then that. In Oregon the LL only has to give you a 6 day WRITTEN NOTICE for failure to pay. Basically she must give you a written notice when rent is due on the first day and then a last notice on the 5th day stating that the rent must be paid by the end of the 6th day. If you pay by the end of the 6th day then legally she has no right to evict you. But if you pay the full rent on the 7th day; she can still evict you.
Notice I capitalized the word "written notice." From what you stated your LL did not give you a written notice on the 1st day and then by the end of the 5th day. So since she didn't and you paid your rent for the month she has no legal way to evict you this month. However, if she follows the above procedure next month then she can evict you if you pay later then 6 days.
Good luck in finding a new place. In the future I highly recommend that if your going to be late with your payment that you let your LL know in advance. If your renting from an individual as opposed to a corporation; that individual may appreciate the fact that your genuinely trying to do the right thing just by showing that you let him know you will be late. That in turn will mean that they are a lot less likely to try to evict you for late payments in the future provided that you pay the full rent within a reasonable amount of time.
This wasn’t rented through Airbnb. If it was, rent payments go through the website, they are not due directly from tenant to landlord. Anything related to Airbnb is moot if not rented through the site.
OP, you cannot just pay your rent late without penalty. You have no standing lease so the laws of your state are what you follow. Typically you’d get a notice to pay all monies within x amount of time (up to two weeks depending on the state) and then eviction proceedings would begin. A lot of times, the LL can go ahead and file when they post the pay or quit notice which cuts down on the time it takes to get a court date when you don’t pay after you get notice. If you don’t pay every cent owed incl late fees by the end of that time frame, a judge will pretty much always side with the LL - you will be evicted for nonpayment.
If I were you, I would go find a new place ASAP before the eviction comes through.
This wasn’t rented through Airbnb. If it was, rent payments go through the website, they are not due directly from tenant to landlord. Anything related to Airbnb is moot if not rented through the site.
OP, you cannot just pay your rent late without penalty. You have no standing lease so the laws of your state are what you follow. Typically you’d get a notice to pay all monies within x amount of time (up to two weeks depending on the state) and then eviction proceedings would begin. A lot of times, the LL can go ahead and file when they post the pay or quit notice which cuts down on the time it takes to get a court date when you don’t pay after you get notice. If you don’t pay every cent owed incl late fees by the end of that time frame, a judge will pretty much always side with the LL - you will be evicted for nonpayment.
If I were you, I would go find a new place ASAP before the eviction comes through.
That's why in a previous post I addressed both actual tenant and airbnb. The whole thing is very unclear. I am thinking the OP went to see the airbnb and made an arrangement with the owner. That are had an extremely high rate of supposed airbnbs not paying and new laws enforcing proper legal arrangement. Those pesky things like licenses included. I think the owner may be upset because her ruse is coming undone with an outside element, the city, coming down on her now.
We got out guys. Got a nicer place with a LEASE AGREEMENT. LOL.
Appreciate all the help.
Awesome. Thanks for posting the follow up.
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