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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 15941
Experience:  Licensed Texas General Practice Attorney
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I received an 3 day pay or quit notice on 5/7/13 today 5/8/13

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I received an 3 day pay or quit notice on 5/7/13 today 5/8/13 I am being told they are pursuing eviction and will not be accepting my payment

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

When was the pay or quit notice sent? Is there a reason that they refused the rent check? And did you get this refusal in writing?

Customer:

The notice I got on 5/7 was a three day pay or quit. I called and informed them I'd have the rent to them the tonight 5/8. I got a call back and was told they have decided not to accept payment due to being late previously on rent. No other written correspondence was provided other than that

ScottyMacEsq :

Is there a rent drop box, etc... that you can leave the rent?

Customer:

yes there is

ScottyMacEsq :

thank you. a three day notice to pay or quit means that you have the option to pay or quit. They do not have the option to change their minds and just pursue eviction. If they do pursue eviction, after you have tendered payment to them in the time period of the pay or quit notice, you can countersue for a wrongful eviction. /

ScottyMacEsq :

Now you do have to tender payment to them. That means that you do what you can to give them the rent payments.

ScottyMacEsq :

If they don't cash the check, but they have possession of it, you've done all you can and can show that you've complied with the 3 day pay or quit notice./

Customer:

Yes. Another interesting thing as that they said is that they had sent a notice previously and the noticed of 5/7 was sent in error. I did not see another notice prior to the 5/7 notice

ScottyMacEsq :

So you can threaten that if they do not accept the payment, that you're going to countersue for wrongful eviction.

ScottyMacEsq :

If they can prove that it was sent, then that might be an argument for them, but you showing the 5/7 notice means that you had 3 days from that time period.

ScottyMacEsq :

The error will count against them, and the court almost certainly won't let them get away with saying "it was in error".

ScottyMacEsq :

This is called "estoppel", in that they're going to be held to what they say.

Customer:

ok. I need to get payment to them today along with a copy of their notice of 5/7 and they should be reasonable about this?

ScottyMacEsq :

Hopefully... They might not be reasonable (not everyone is), but if they are not, and pursue eviction, you can certainly claim wrongful eviction since you tendered payment within the 3 days and they proceeded to eviction anyway.

ScottyMacEsq :

Now note that if they actually do file for eviction, you need to "answer" the complaint (which the summons that you receive will have the process to do so).

ScottyMacEsq :

Your defense is that you paid the rent within receiving the 3 day notice, which you can prove the date of that notice, and they did not honor it.

ScottyMacEsq :

I can't imagine any judge ruling in their favor in this situation, so I hope that they would be reasonable...

Customer:

I think I understand. I know in my line of work, we have never been able to stand on any response that we did something in error and disregard it. Thank you

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

you have been very helpful and reassuring

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