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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.
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