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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111673
Experience:  Attorney with over 24 years experience.
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I live in and own a trailer but rent a space in a park in

Customer Question

I live in and own a trailer but rent a space in a park in sagle Idaho. Im getting evicted and need to know what to do. Here is the situation.
On March 15, 2016 we got an eviction notice stating that we had 30 days to pay late fees of 635.00$ for unpaid rent (185.00$ from Oct. 10, 2014 rent plus 25$ a month for 18 month.) We got ahold of an attourny (Scott Poorman in Coure D' Alene ID.) He took the issue on pro bono and was able to settled it over the phone. Now she is trying to evict me again, saying that we didn't pay our rent for the month of August 2016. When rent was indeed paid on August 18, 2016. Rent is normally due on the 10th of each month but due to death in the family on the 10th of August, we were late by 8 days and paid the 25$ late fee. Total payment for the month of August was 250.00$. After we paid the rent and the late fee, on the 21st of August we recived the 90 day eviction notice stating we did not pay the rent.
our last lease that was signed was in 2012. Our lease is for trailer 53 and the eviction notice is for space 49.
Any advise would be appreciated. Thank you!
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 2 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.
Something many tenants do not know is that "habitual late payment of rent" can be deemed breach of lease and is grounds for terminating the lease contract. So, legally, if she is alleging you are a habitual late paying tenant she can seek to evict you on that basis. Also, as a month to month tenant, one without a current lease, she can seek to evict you for no reason at all and you would have to go.
However, if the eviction notice is for the wrong lot you could fight and extend the inevitable by arguing she gave you improper notice for the eviction trying to evict you from the wrong lot. Other than fighting on that basis or negotiating a new agreement with the landlord, you legally could be evicted as stated above.

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