How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 12689
Experience:  Attorney experienced in Landlord-Tenant Law.
Type Your Landlord-Tenant Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

Can my landlord evict me for paying my rent late if its not

Resolved Question:

Can my landlord evict me for paying my rent late if it's not 30 days late? The Property manager accepted partial payment and then informed me 4 days later the company would not cash the check.

I was also informed a 3 day notice would be served and if I wanted to stay I would need to pay an additional $500 attorney fees and buy out of my contract so avoid an eviction on my record.

I feel like these tactics are intimidation.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello my name isXXXXX will be happy to answer your question today.

Alex Esquire :

Are you online with me?

Customer:

yes.I'm online.


 

Alex Esquire :

Great.

Alex Esquire :

Good Evening.

Alex Esquire :

Was your check ever cashed by the management?

Alex Esquire :

Are you online with me?

Customer:

Hello. No they did not cash it. It was held 4 days and I was informed today they would not honor it.


 

Alex Esquire :

Thank you for your follow up/

Alex Esquire :

Do you have a written lease agreement that is currently valid? When is your rent payment due according to your lease?

Customer:

I renened my agreement this month. Rent due date is by the 3rd of the month.

Alex Esquire :

Thank you for your follow up.

Alex Esquire :

Unfortunately, if your rent is not paid by your due day, under the law the landlord/management can serve you with a notice to pay or quit and if you do not pay the full balance of past due rent, the landlord can proceed with a legal eviction.

Alex Esquire :

The rent payment does not have to be 30 days past due.

Alex Esquire :

However, if you can prove that the management did accept your partial rent payment and also had agreed to give you some extra time to pay the balance, you would have a chance of avoiding the eviction and also any extra attorney's fees if this matter does go to court.

Customer:

ok. I have a copy of the check. Today they informed me they would shred their copy. It may come to my word against theirs.

Alex Esquire :

Thank you for your follow up.

Alex Esquire :

If the matter goes to court, the person who accepted your check can be subpoenaed to testify as a witness and if this person lied under oath, this person will be committing a serious felony.

Alex Esquire :

Do you have any related follow up questions?

Alex Esquire :

Are you online with me?

Customer:

Should I draft another letter stating they accepted the check and said it "should be okay"? Therefore I was under the impression my terms were accepted. Again they waited 4 days to say they would not honor that dates indicated in my letter of intent to pay.


 

Alex Esquire :

Absolutely. You can send them another letter and state all the facts and simply see if they would be willing other to forget about attorney's fees or at lease try to negotiate a resolution with you where you can pay reduced amount to settle this unfortunate dispute with them.

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

what are you referring to when you say a reduced amount?

Alex Esquire :

I mean if all else fails and you want to avoid wasting your time and energy going to court, you can try to negotiate a reduced amount of attorney's fees that you can pay to make this issue go away and to continue renting your place.

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

They requested an additional $700 dollars total for me to stay here. Why would I pay that amount to continue living here?


 

Alex Esquire :

Is this amount in addition to any rent that is past due? What does this amount represent?

Customer:

Yes that amount is in additional to the late fees due. I agreed to pay the late fees. Today I was told I would owe attorney fees and additional late fees if I stayed. I would have to pay 2K and then August rent if I stay.


 

Alex Esquire :

Thank you for your follow up.

Alex Esquire :

Basically, if the management had retained and used attorney's legal services they can claim that you are liable for their legal fees, but once again you can contest it in court based on the promissory estoppel when they took your partial rent payment and agreed to wait for a few days for the rent of the payment.

Alex Esquire :

So you can either try to resolve / settle this issue with them or go to court and let the judge decide.

Alex Esquire :

Unfortunately, anytime any matter is litigated in court, there is never a way to predict the outcome with any level of certainty and that is the risk you might want to consider and factor into your decision.

Customer:

Do I pay my July and August rent if I decide to vacate? I can I use those funds to relocate?


 

Alex Esquire :

Thank you for your follow up.

Alex Esquire :

If you have a written lease with this landlord, you are legally obligated for the rent of the rental unit, unless the landlord is willing to release you from the lease earlier in writing.

Alex Esquire :

Does you lease allow you to pay an early termination fee and to move out?>

Customer:

That's what they're asking for an early termination fee, it is my rent amount.

Customer:

If it takes 30 - 45 days to evict they'll ask for attorney fees, partial Aug rent while I'm here and the early termination fees for leaving after just signing a 12mon lease. So I'll owe $2,500 dollars when this is all said and done. I won't have the resources to pay 1st and last in a new place.


 

Alex Esquire :

I understand and I agree that it is not fair, however this is a choice that you have to make now for yourself, as to which route you want to take with this landlord and having an eviction on your record can make it harder to rent a place in the future.

Customer:

And that's the leverage (saving my credit score) their using to get me to pay additional fees. So my rights as a tenant are null and void?

Alex Esquire :

Not really, you can take this to court and fight your case before the judge and the court is likely will allow you to continue living in the rental on your lease, as long as the court will agree that the management accepted a partial payment from you and also the judge is not likely to order you to pay any of the landlord's legal fees if he finds for you in this case.

Customer:

Will I have to obtain an attorney? Can the court appoint an attorney for me? Is legal Aid an option if I cannot afford an attorney?


 

Alex Esquire :

You have an option of either obtaining a private attorney or if you cannot afford one you can apply for free or low cost legal service with your local legal aid. Unfortunately, there is no right to an attorney in this type of civil proceedings and the court will not be able to appoint an attorney for you.

Customer:

Okay. So when I get served the 3 day notice, if I decide to fight this in court, should I apply for an attorney with Legal Aid before it gets to court?


 

Customer:

Can I obtain an attorney through Fair Housing?


 

Alex Esquire :

You can apply now for legal services with the legal aid, but if you are getting served with an eviction, it is more likely that you will qualify for the service

Alex Esquire :

No

Alex Esquire :

they do not provide attorneys for tenants in this type of matters or pretty much any others

Customer:

Sorry I don't understand your previous statement. I can apply for an attorney now with Legal Aide?


 

Alex Esquire :

Yes. That is correct. You can apply at anytime that you have a legal problem and your income is low and you don't have the money to afford a private lawyer.

Alex Esquire :

however, the resources at the legal aid are very limited, so people who are faced with an eviction generally given higher priority than people who simply have some type of legal issue but are not being threatened with court action.

Alex Esquire :

Does that make sense?

Customer:

Yes, makes perfect sense. I'll make one more attempt to resolve this issue with the Management Co. If that fails I will contact L.A. and let the chips fall where they may.

Alex Esquire :

Sounds like a plan.

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

No. You've answered all of my questions. Thank you.


 

Alex Esquire :

Thank you. Please click on 3 or more stars so I can be compensated for my time and efforts. Bonus and positive feedback, is always appreciated, but is not required.

Customer:
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 12689
Experience: Attorney experienced in Landlord-Tenant Law.
Alex J. Esq. and 2 other Landlord-Tenant Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Lawyer

    Satisfied Customers:

    44
    Landlord-Tenant Law Expert
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Lawyer

    Satisfied Customers:

    44
    Landlord-Tenant Law Expert
  • http://ww2.justanswer.com/uploads/AM/americanopal/2012-1-26_172726_Zackad1.64x64.jpg LegalWiseNC's Avatar

    LegalWiseNC

    Attorney

    Satisfied Customers:

    0
    Licensed Attorney in North Carolina.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg barristerinky's Avatar

    barristerinky

    Attorney

    Satisfied Customers:

    1190
    Attorney for over 13 years, landlord 24+ years
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    872
    Experience representing landlords and tenants.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    842
    Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg DCrane Esq's Avatar

    DCrane Esq

    Attorney

    Satisfied Customers:

    714
    Experience in this area is derived from assisting clients in commercial and residential lease matters.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg lawpro's Avatar

    lawpro

    Lawyer

    Satisfied Customers:

    670
    Over 20 years experience handling landlord tenant problems for commercial and residential.