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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16394
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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My friend is in the military stationed in Guam. He is off island

Customer Question

My friend is in the military stationed in Guam. He is off island and his roommate just got back finding out that his checks to the landlord were being sent to an old address bc of the bank. They have currently paid back all the late rent payments but were told they had to vacate the premises by the end of the month due to late payment. Can they do that? If they already recieved payment and there was no notice of to pay by date or eviction would happen.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.
Hello. My name is ***** ***** I will be glad to help you.
I am sorry to hear about this unfortunate situation.
Does your friend have a written lease and if he/she does, when does the lease expire?
Customer: replied 1 year ago.
Yes they do it expires in November
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.
Are all rent payments up to date and is your friend and his roommate still living in the rental property?
Customer: replied 1 year ago.
Yes they are up to date.they were late due to a mix up with where the bank sent the checks. The roommate is he is off island forward deployed and won't be back in time to move his stuff.
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.
Was roommate served with any type of an eviction notice?
Customer: replied 1 year ago.
No formal eviction notice just emails talking about due to late payments they need to vacate by the end of the month. But they never recieved a pay by date or you will be evicted email or anything
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.
Generally, if the landlord did accept all late payments and the rent payments are up to date, that would mean that any default of the lease terms is cured and the written lease would remain in effect until it expires.
So generally, if the landlord attempts any type of an eviction proceedings, the tenants can bring the proof of all payments and also copy of the written lease and the court would generally enforce the lease terms and would not order an eviction under similar situation.
I wish you the best of luck!
Expert:  Alex Esquire replied 1 year ago.
Do you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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