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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111657
Experience:  Attorney with over 24 years experience.
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I am late on my rent, partial June ($600) and the month of

Customer Question

I am late on my rent, partial June ($600) and the month of July ($1200 + late fee $120) which totals to $1920. My rent is due on the 1st of every month, and my landlord has waived last months late fee due to my first time being late. On July 06, she hand delivers a letter typed up by her stating she is giving me till monday which is tomorrow to pay $1920 by cashiers check otherwise i am to vacate the unit immediately. My question is, what rights do i have?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, if your rent is not paid up to date in full, you really do not have any rights to stay, but she has to give you a 3 day written notice to pay in full or leave the premises. If you do not pay in full and do not leave, then for her to get you out of the property, she has to file suit against you for eviction and take you to court to get you ordered to leave by the court or be forcibly evicted. So the right you have if you do not pay is to get a 3 day notice to evict if you do not pay and if you do not pay or leave, then she has to sue you in court to remove you. If she takes any type of action other than suing for eviction to get you out, then that would be an illegal eviction and you could sue her for improperly evicting you.

Customer: replied 4 months ago.
Ok I gave her a check that she was supposed to cash the day I gave it to her because the funds were all there but instead she deposited into her bank and by the time it reached my bank it came back NSF the check is still good but not until the 29th but she wants us out by the 22nd and she is not willing to return my check. She telling me that she will give me back my check when I give her the cash. But she can get the cash on the 29th she just has to go to my bank and cash it.

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