Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

After 3 years and 8 months of renting s house (month to

Customer Question
After 3 years and 8...
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: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
1/24/2016
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,790
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

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?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

Hi, are you still with me?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,111
12,111 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,111 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Ely. I just realized that I wasn't clear in my initial
Good morning, Ely. I just realized that I wasn't clear in my initial question. I should have stated that the tenant was originally on a one-year lease, March 2015 to March 216 and when the term ended … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
I have a tenant that has been late paying rent last
I have a tenant that has been late paying rent for the last several months. He was late paying rent 5 times last year. Last month we gave him a 3 day pay or quit notice. He ended up paying half the re… read more
socrateaser
socrateaser
1,031 satisfied customers
I live in Georgia and have a border who moved into my house
I live in Georgia and have a border who moved into my house in January. She was supposed to be paying $250/month which included utilities, etc. I didn't charge her for Jan since she moved in on the 12… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,111 satisfied customers
Hi there., Since I have been having a big argument with
Hi there., Since I have been having a big argument with my roommate and I have no plans to talk to her ever again...and our lease will be up by the end of May. Here is the question: if my roommate sti… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
RE evicting a roommate in MA I have a roommate in a 2 bedroom
RE: evicting a roommate in MA I have a roommate in a 2 bedroom townhouse. He has had some financial difficulties in the past year and regularly pays the rent late ...sometimes by the end of the month … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a renter who is constantly late on rent payments ever
I have a renter who is constantly late on rent payments ever since the move-in date of NOV 2010, I was force to use the one month deposit for Jan 2011 payment. This is March 2011 and the tenants are l… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Hi Lucy - well follow up on the matter -we do after all need
Hi Lucy - well follow up on the matter -we do after all need to go to court o nmonday to appeal the landlord's 60 day notice to terminate - Although he actually agreed in writing via his attorney that… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Background *CA renter for 2 years (my husband and I). Now
Background: *CA renter for 2 years (my husband and I). Now month to month since May 7, 2010 (OUR START TIME OF MONTH). *Rent paid up and including this month March, though have been late several times… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have had a renter on a month to month agreement for approx
I have had a renter on a 'month to month' agreement for approx a 2years. I purposely kept him on a month to month agreement because he continually paid rent late and kept the property in a disheveled … read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
We are in California. Our tenant moved into our rental property after we got behind o
We are in California. Our tenant moved into our rental property after we got behind on the mortgage, now the property is in foreclosure and the tenant told us he wants all his payment back or he will … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
I started renting from my land lord march 2010 and have a 1
I started renting from my land lord march 2010 and have a 1 year lease. The rent is 1,695 a month, I paid $1700 for a deposit and $1695 for last months rent. The unit didn't have heat from march till … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I need an answer from someone who knows Pennsylvania residential
I need an answer from someone who knows Pennsylvania residential eviction laws. If you do not know, please do not answer. My tenants have a two year lease that started Dec 2008, due to end Dec 2010. T… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I leased an apartment with a friend who left before the lease
I leased an apartment with a friend who left before the lease was up. I stayed in the apartment but got behind on my rent one month. I have been trying to make a payment arrangement with the office to… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I had a roommate but had to ask him to move out when my monthly
I had a roommate but had to ask him to move out when my monthly disability payment ended up in his bank account. He left ALL of his things here, his things are everywhere, crammed int my garage, the s… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,111 satisfied customers
My brother has lived in a rental house for over 10 years now.
My brother has lived in a rental house for over 10 years now. He has been an excellant tenant as far as maintaining his home. Over the past 10 years, due to his line of work, there have been more than… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Im renting a house for $700 a month in Nebraska. because
I'm renting a house for $700 a month in Nebraska. because of cancer diagnose, forced to rely on social security. month of November check was late due to sent to old address. My lease states in the eve… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I signed a lease for Aug 8-Jan 31st. They are saying that it
I signed a lease for Aug 8-Jan 31st. They are saying that it is policy to give 60 days notice of intent to vacate. With past leases, it has always been my experience that when your lease is up, it's u… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I have a a facility hat I have subleased out to a party (3 ...
I have a a facility hat I have subleased out to a party (3 years - they have only been there for 6 months) who looks like they are getting ready to move out- I was gone last week and they have moved s… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x