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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 28518
Experience:  30 years of real estate practice experience.
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I paid my august rent to my landlord on the 3rd of august

Customer Question

I paid my august rent to my landlord on the 3rd of august and he has brought my rent back trying to evict me saying im late because he want late fees and he is trying to kick me out is this legal when I wasn't late on my rent
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Loren replied 2 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

The landlord may not evict for nonpayment without giving a 3 day notice allowing you to pay the rent. So, the landlord may not refuse to accept the rent and still evict you.

Customer: replied 2 months ago.
I have been a tenant for about 5 years I leave his rent each month next door like he request each month my money order is dated for august 3rd never got a 3 day notice from him I just walked into my office and I see a envelope on my floor with the money order I left next door for him on august 3rd
Expert:  Loren replied 2 months ago.

Well, he can not evict you unless you are in breach of the lease. So, just give him the rent again.

If you are a month to month tenant then he can cancel the tenancy with a month's notice, but he can not refuse to accept the rent before serving a 3 day notice and then evict you for nonpayment.

Customer: replied 2 months ago.
I'm in a lease I'm not month to month and I didn't get a 3 day notice from him and if he see that I paid him on the 3rd of August I'm not late
Expert:  Loren replied 2 months ago.

Then you can not be evicted. You may retain possession until the end of the lease term, so long as you are not in breach.

If he attempts to evict you when you are not in breach then he is violating the warranty of quiet enjoyment and you can sue for the breach.

Customer: replied 2 months ago.
Ok thank you
Expert:  Loren replied 2 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 2 months ago.
You answered everything for me but I will hire a attorney to represent me in court I'm in Houston Texas
Expert:  Loren replied 2 months ago.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

Customer: replied 2 months ago.
Expert:  Loren replied 2 months ago.

Please click the stars on the web page and then submit. That way the rating is logged on the site.

Thank you.