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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: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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9 Real Estate Lawyers are Online Now

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  • Get a Professional Answer
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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
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Late Rent Questions

  • I was selling a house in Missouri and moving to Michigan.

    I was selling a house in Missouri and moving to Michigan. I had a contract on a house in Michigan and was leasing the house pending the purchase. The house I was selling in Missouri did not sell so I cannot get financing by the required closing date, so I have to cancel the contract on the Michigan house. I will be returning to the house in Missouri that did not sell. I understand I will forfeit my earnest money. My question is whether a landlord/tenant situation has been created via the fact that I've been paying rent on the house in Michigan for a few months. The seller's agent is telling me I have to be out in 72 hours (which is what it says in the addendum to the sales contract). Actually it says that if I don't close by a certain date, I have to be out within 72 hours. That date has not come yet, but they know I'm backing out so they're exercising the 72 hour clause. However, I've paid rent through January 18. Can I stay until the 18th, or do I have to be out in 72 hours?
  • Here is the situation, I decided to buy a condo. Contacted

    Here is the situation, I decided to buy a condo. Contacted a mortgage company and got prequalified, then found a condo for sale by HUD that had FHA financing listed as one of the options. I bid on it and won. Later my mortgage company told me that this condo does not qualify for FHA, not sure how this is possible if seller is HUD non the less, the mortgage company offered to redo everything into a conventional loan with 5% down. I agreed now with days before closing , they are telling me that loan can not be approved and they are not able to provide a specific reason why. There were no changes in my income , no changes in my credit score or debt to income ratio. My question is " What can i do , this all sounds a bit funny, is anyone familiar with similar situations. How can they say NO since i have the pre qualification letter. Thank you
  • My two brothers and I jointly own our deceased father's house

    My two brothers and I jointly own our deceased father's house together. My older brother has recently requested a loan modification in his name to reduce the mortgage while we wait for the property to sell. I have been in the understanding that this modification will not have any financial implication on me personally and was told that I only need to sign because my name is ***** ***** deed. However, I am listed as a borrower on the loan modification deed of trust.
    My older and younger brothers do not get along and I am constantly mediating when any decisions need to be made toward the property. There is not much value in the property itself and I am ready to quit claim my interest to them. If I were to do this will I have any financial responsibility to the property?
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