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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33727
Experience:  Attorney for over 15 years, landlord 26 years
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I am a landlord and had a renter handle my maintence. He was

Customer Question

I am a landlord and had a renter handle my maintence. He was always late and failed to pay 50 of his 550 for rent for sept. I gave him a five day notice and he failed to pay the 50 in the five days. A few days before the end of the month I told him he would no longer be doing my maintence. I told him his rent would go up to 750 from then on. He signed a lease and now after the five day notice had elapsed and I am going to set a court date. He says the lease says 550 and I can not raise it. I don't have a copy of the lease and it may say 550 with a note for 200 off for maintenance. He is the type of person to white out and change the lease to make it appear 550 is the rent agreed to. I know I had 750 somewhere on these but he could have changed it. He said he talked to lawyer and I could not raise lease for the entire year. I told him he owed me 50 on September which so far he says he did owe me and he did not pay within the five day notice and what he thought his on going rent would be is not the issue for eviction. He sent me a copy of lease and I cannot read it but it appears it may say 550. My bases for eviction is five day notice and failure to pay the entire 550. He says he talked to a lawyer and I can not raise rent for term of lease.He is a convicted felon and most likely has not talked to lawyer and has whited out lease to show only 550 which is what he has been paying and doing some maintenance. Will I have a problem winning this in your opinion.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If your basis for terminating the lease and evicting is his failure to pay the full rent due, whether it is $750 or $550, then if he didnt' pay within that 5 days, he is in breach of the lease and you have the right to evict him.

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So if he owed you $50 and didn't pay it, whatever his rent is is not legally relevant. He didn't pay $50 that was due or within the 5 days he was given to pay. So that gives you the right to evict him.

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And you are correct. If he is a convicted felon who can't come up with $50 to pay for the rest of his rent, there is zero chance he came up with a couple hundred cash to get an attorney to sit down with him and talk about the lease and what his rights may be.

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He is right that you can't raise the rent during the lease term, but if his rent was $750 and he got a $200 credit per month for working, if you fired him , then his rent is $550.

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But regardless, that isn't the issue....the failure to pay the $50 is what you are evicting under and that is all you need..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 1 month ago.
Because he agreed he owed 50. Could he dream up away to say did not owe 50 after agreeing to it up to the end of five day notice and say notice was not binding. He said he owed it it all of text message so far. He also does some direct deposit in my account and may have put the money in after the five day notice had gone by. I told him on the the 6 working day to forget the 50 deposit and I was executing the five day notice. Any problems you see here.
Expert:  barristerinky replied 1 month ago.

I don't see that happening...you gave him the 5 day, he didn't pay and didn't respond to dispute that he owed it.. The text messages are pretty damning evidence against him.. And if he deposited it, that doesn't mean that you accepted it legally. If he deposited it after the 5 days were up, you can simply reject it and return it to him, either before court or at court. Just putting it in your account doesn't mean that you accept it.

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But you obviously need to check your deposits to see if he did deposit it and then immediately notify him that you are rejecting it via a documentable method like text, email, etc..

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thanks

Barrister

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