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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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After 3 years and 8 months of renting s house (month to

Customer Question

After 3 years and 8 months of renting his house (month to month basis), my Landlord posted a sixty day notice on my front door on Friday, January 15th and I received it in the mail yesterday, Jan. 22 (postmarked Jan 19). He is doing this because I have paid rent late a lot over the years due to financial struggles and roommates constantly coming and going among other things but he always got his rent albeit 5 to 15 days late. I asked him to please give me until my 4 years is up June 2016 because I will need that much time to save to move out but he is very angry with me because I got behind on rent and although I have paid on time the past three months, I am still behind one month's rent (Oct 2015 due to a roommate moving out and not re-renting the room for two months). I did however give him three postdated checks in good faith to cash when I have caught up on my household bills and car payment but the economy has been very difficult as a person self-employed (craft sales and Uber driver) and even worse right now that Uber has cut our pay in half and sales are always slow the beginning of the year in terms of my products that I sell at events and online for the past 6 years). Anyways, I told him that it was not at all possible to move out in 60 days and that if I did I would most definitely not be able to catch up on past due rent let alone continue paying rent if he followed through with the 60 days’ notice and two days later after he posted the 60 day notice, he posted a 3 day notice on Monday, Jan 18 and I have yet to receive that in the mail which would complete service. On top of this, he is telling us that we have to be out by March 1st which does not concur with the 60 days’ notice. Side note, he originally EMAILED me a 60 day notice mid-December and I decided to finally tell him on or about Jan 10th that his service was invalid and had to instruct him on properly serving it!. So my question is does he have the right to serve a 3 day after he has already sent me emails about giving me 60 days’ notice and serving the 60 day notice? There is no way I can catch up on the late rent and save enough money to move out in 60 days when I'm behind on my utilities and car payment as of now. I am in a very desperate situation here (there is NO income coming in right now) and I am considering not paying him anything between now and the time we move out so that we can pull enough money together to do just that which will still be quite a struggle. Not to mention I will not have a good reference from my landlord so how will I rent another place without a good reference not to mention I live in a seasonal place where mid-March there are little to no rentals. Please help me. Thank you, April
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

April, good morning. I certainly understand the situation and your concern. Just to be clear, what, if anything, is owed to him at this time? There is rent which is past due and owed? You also will owe rent on February 1st?

Expert:  RealEstateAnswer replied 1 year ago.

Hi, are you still with me?

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