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Late Rent Notice Questions

Non-payment of rent or receiving the rent late every month is a common problem faced by many landlords. Many respond to this by sending a late rent notice to the tenant that states the rent is still due. If the tenant doesn’t respond to the notice or continues to fail to pay the rent on time, landlords are forced to serve them eviction notices.

Listed below are a few questions answered by lawyers on issues related to late rent notices.

After having sent my tenant late rent notices every month, I finally sent her an eviction notice. Now that she still hasn’t paid rent for the last month, can I give her a letter to quit which overrides the eviction notice?

You could give her a letter to quit since she is late again in paying the rent. If she doesn’t pay you in the next three days, you could go ahead with the eviction and skip the 30 day period.

Can your landlord give you only two days to move out with your children after having served an eviction notice for being late on rent?

Your landlord will have to file an eviction suit after the three-day notice period. Once you are served this, it will contain a hearing date by which you will probably need to move out of the house. You could try going to the hearing and contest the date. But if your landlord wins, the sheriff will come to evict you. Therefore, it’s better for you to be forewarned and prepared to move on the date mentioned.

I am late on my rent payment by a month. My landlord posted a late rent notice that gives me a date by which I need to pay or leave. Now he’s posted a second notice saying that I must leave the premises sooner. I told him that I would stick by the date on the first notice. Can I do this?

Your landlord would need to do multiple things before he can ask you to leave. This would include serving you with court papers, spending a day in court, getting an eviction order, and so on. This means that you still have a few weeks to get things in order. So, if you plan to leave or are forced to leave, you will still probably be able to stick to the first date.

My landlord left a late rent notice on my door that says if I don’t pay the money to her by the end of the week, she is going to take all my stuff from the house. Is she allowed to do that?

This is not legal and your landlord would be subject to potential criminal and civil liability. Basically, without a court order obtained through eviction proceedings, your landlord would not be allowed to get rid of you or your property.

I am a disabled senior who has been renting mobile space in California for the last three years. Because my social security comes in late, I end up paying late fees every month. Can they evict me for late payment of rent if I am late three times in a year?

They may be able to. The California mobile home residency laws give the owner of the park permission to evict if individuals are late in paying their rent more than three times during a 12-month period. So it would be best for you to avoid being late in the course of the next year.

A late rent notice is a simple legal solution that many landlords resort to when they haven’t received the rent from their tenants on time. However, when a tenant is repeatedly served these notices, it can eventually lead to a falling out between the landlord and the tenant. Whether you are a landlord or a tenant, understanding how late rent notices are served is important.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5362
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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7 Real Estate Lawyers are Online Now

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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
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Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Late Rent Questions

  • I have shares in a coop where I am one of two professional

    I have shares in a coop where I am one of two professional office spaces in what is otherwise a residential building. Last weekend my neighbors fire/smoke/maybe carbon monoxide alarm went off and then he also heard mine go off. He phoned 911 with his concern and the FD came and broke my lock and broke and knocked down my entrance door, essentially creating it to no longer be fireproof. I believe my proprietary lease states that the building coop is responsible for replacement and repairs of this kind, and I assume their insurance covers it. I also have insurance. What is my next step?
  • Exclusively for Attorney 1:IV FINE ASSESSMENT:A) fines

    Exclusively for Attorney 1:
    IV FINE ASSESSMENT:
    A) fines are billed to the Owner and are due when the next month's maintenance is due. the owner shall be assessed an additional late fee for each month any fine remains unpaid.
    B) Notice of fines assessment shall be mailed to the owner with: a description of the violation, amount of the fine assessed; information regarding possible future fines that may be assessed if the violation is not corrected and an explanation of when payment is due.
    C) Any unpaid fines and association costs shall constitute a lien against the owner's interest in his or her unit and prolonged non-payment of fines may result in foreclosure proceedings, as permitted under section 514B-146, Hawaii Revised Statutes.
    D) Determination of amount of fine assessed.
    1) Citation issued for the SAME offense.
    (a) Citation for a Moderate Violation: one hundred dollars ($100.00). Fines will increase one hundred dollars ($100.00) for each time thereafter. For example, the fine for a second Citation for the SAME offense would be $200.00 and the fine for a 3rd citation for the SAME offense would be $300.00 etc....
    MY QUESTION:
    The board wrote: Per section IV-D2 of Appendix A: Violations & Fine Assessments of the House Rules & regulations (V:1.0) fines for Multiple Violations START at $300.00 and may increase by $300.00 for each subsequent Violation. HOWEVER, due to a DELAY in processing this letter, the BOD has decided to issue fines in the amount of $100.00 for the 5th and 6th violations as noted below. They listed 3 violations:
    1) Citation #1: Pet in a common area: Fine $300.00
    2) Citation #2: Bringing a Bicycle into the lobby: additional fine $100.00
    3) Citation #3: Parking an unattended vehicle in the driveway additional fine $100.00
    Total fines: $500.00
    My question to Attorney 1:
    Is it me, or is there something wrong with their calculations...please explain
    how I got fined $300.00 when they said DUE TO THEIR DELAY I would be fined only $100 for the 5th and 6th violation.....but there are only 3 violations stipulated in the letter. And if there was a delay, shouldn't ALL of them should read $100.00.
    Then I received a SECOND letter of fines from the BOD read:
    Citation #1: Sending an insulting email to an employee $100.00
    citation #2: Taking Photos of condo employees w/o permission $100.00
    Citation #3: Vehicle Obstruction roadways in the parking garage $100.00
    Citation #4: Taking photos of RESIDENTS w/o their permission $100.00
    Citation #5: Taking photos of condo employees w/o their permission $100.00
    with letter stating: Ms. Lee You have committed MORE than 3 violations in the past 12 month period (does not say when the 12 month period began). After consideration the information in the citations issued in these matters and your HISTORY of prior violations of the governing documents, the BOD has no choice but to issue fines for each of these 5 citations.
    Per Section IV-D(2) of appendix A: Violations, Notifications and fine assessment of the house rules and regulations (V:1.0) fines for Multiple Violations START at $300.00 and may increase by $300.00 for each subsequent violation. HOWEVER, due to the DELAY in processing this letter, the BOD has decided to issue fines in the amount of $100.00 for each violation as noted below: (Attorney 1, see above description and 5 fines already written)
    Question: Why did they not write the FIRST letter starting all the fines off with $100.00 as they did the SECOND letter. The fact that they have inconsistencies, can I ask that issue to be taken into consideration?
    Am I missing a BIGGER picture in all of these fines and the actual RULES? I think they may have misapplied the rules to my violations. But you are the attorney expert, please let me know after reading this question and the one prior....I could not write all the rules in one question...not enough space so I had to divide them up....
  • Hello, I have been renting a room in a house for over a year

    Hello, I have been renting a room in a house for over a year now. I signed a lease/house rules agreement, pay monthly rent and paid a first, last month and security deposit.
    Recently I discovered that the landlord/roommate had cameras in the house, and recently installed more on the common areas of the house. After he was aware of my knowledge of the cameras he wrote me a 30 day notice to leave.
    Leaving is something I do want to do. However I need some more time to find a new place, specially at this time of the year, I thought that after a year in CA I had 60 days to do so?
    And also wanted to know if I have some right to sue him for invasion of privacy. He has been recording me since I came here!
    Thank you for your assistance,
    Claudia
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