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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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Can I get a five day notice a day after rent due

Customer Question

can I get a five day notice a day after rent due
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

Yes, you can. A landlord is allowed to serve a 5 day notice any time the tenant has violated the lease, and if rent is unpaid at midnight on the day after it's due, it's late. He cannot go to court and seek an eviction unless the rent remains unpaid after the 5 day notice expires, but there's nothing in the law that imposes any sort of grace period on when notice can be served. If rent is paid before the five days is up, the landlord cannot evict the tenant.

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