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Robin, Lawyer (JD)
Category: Legal
Satisfied Customers: 4
Experience:  I am an Estate Planning Atty in the State of CA
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i am behind on rent and sending normal rent plus some

Customer Question

i am behind on rent and sending normal rent plus some on back landlord says i have to leave this weekend do i have to?
Submitted: 9 years ago.
Category: Legal
Expert:  Robin replied 9 years ago.
It depends on what your lease says. If your lease says you must pay rent by the first and if you fall in arrears you are in violation...just because yo are paying some of what you owe does not necessarily make it all ok. However, you shold check the landlord/tenant laws in your state regarding CA depending on how long a tenant has been living in a location....if an normal eviction will be taking place than a 30 day period is required...if a person has lived in a location for more than a year then 60 days to get out...however, a renter that has overstayed their welcome by occupying the premises without paying...we can file a 3 day notice to quit...either pay your rent in full within 3 days or you can be evicted.

I do not know what state you are in so without that info no one can really advise you properly. Of course the lease would need to be looked at as well. Additionally just because you may be behind in rent and you have been paying some makeup funds...and if your landlord has been accepting these may also be argued that he has ratified and accepted the behavior and modified the lease agreement...then again if the lease says that all modifications must be in writing this is also an argument on the landlord side.
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Customer: replied 9 years ago.
i live in garnett kansas and do not have a lease just a oral agreement. I pay normal monthly rent plus some on the back rent and now he is trying to tell me I have to leave this weekend.
Expert:  Robin replied 9 years ago.
very interesting...although I am not an attorney in KS...upon first glance and under basic contract law...the lease should have been in writing under the Statute of Frauds...however, because it is not does not mean it is not enforceable :)...when both parties under an agreement act as though they are in a contract this is usually sufficient to establish the the case that you have an oral and he has been accepting this payment arrangement...this is in your favor...he can't change the terms on a whim and you do have a good argument. Check your local yellow pages and scour through some ads in the real estate or landlord/tenant area (my yellow pages breaks down the attorneys into practice areas as well) see if anyone will give a free consultation or a phone consult. You may get some assistance or an idea of where to turn. As a US citizen you have access to our court system and can represent yourself if necessary :)

Did you and your landlord work out these payment arrangements? If he agreed to these he is going to have hard time evicting without a fight.
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Customer: replied 9 years ago.
yes I told him i would send what i could with the normal rent and I also just sent a money order of 400 dollars this weekend that is extra monies towards my back rent. I get texts on my phone today saying he did not get any more money and it is new years day!! No mail service today and he just said get out by this weekend----i have no where to go and I am trying so I do not think this is right of him. He does accept my money orders with no problem I feel he is harrasing and upsetting me as I am a single mom and I know he drinks alot.
Expert:  Robin replied 9 years ago.
I am sorry this is happening to you and I know as a single mom this is really adding to the stress level because you are not just caring for yourself. Maybe he will be in a better mood when the mail comes tomorrow and your check plus more money is there. How much back rent do you owe? My email [email protected]
Customer: replied 9 years ago.
i owe around 1000$ which I know is alot but it happened and I am trying.