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I have offered to pay my past due rent and they said since…

Customer Question
I have offered to...

I have offered to pay my past due rent and they said since they have started the eviction notice the won’t accept my payment

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Salina Kansas

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The water heater is not installed to code and the heater is not vented correctly it’s vented into the ceiling not out the roof

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I haven’t received the eviction notice for the court date yet but she said I would have one by the first of this next week

Submitted: 29 days ago.Category: Real Estate Law
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Answered in 7 minutes by:
5/25/2018
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,028
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Kindly note that I do not need the re-posting of the previous post. I just need to know what your specific question is.

Thank you for your cooperation,

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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Customer reply replied 29 days ago
Can they evict me if I have my payment and how long do I have before I would have to vacate the premises?
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding

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Customer reply replied 29 days ago
I wrote them a letter and sent it to them on their tenant site noting the problems I have had including them taking a week and a half to get me a new air conditioner and then the maintenance guy said he would come back and seal it up and still hasn’t done and this was atleast a month ago
Customer reply replied 29 days ago
I received and email back the next day from them that said completed and nothing was completed
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago

I cannot continue to prepare my response while you are continuing to post.

Kindly let me know when you have finished posting so that I can resume with my answer to your question.

Thank you for your cooperation.

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Customer reply replied 29 days ago
Sorry I’m done I apologize
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago

Thank you for your cooperation.

Did you refuse to pay rent because of the outstanding repairs?

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Customer reply replied 29 days ago
No but I am as of today 25 days past due and they charge 4.00 a day late fees and I offered to pay all past due and would be caught up till the fifth of this next month of June which I would be able to pay as well on time
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago

Thank you for the information.

I will now prepare my response.

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Customer reply replied 29 days ago
One more thing if u don’t mind
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago

Go ahead

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Customer reply replied 29 days ago
Can I take a picture and tell me if this is legal or not of the water heater it was behind a wall that they screwed to it to enclose it but there is not water shut off to this house only the cold water shut off on the water heater but I don’t think it’s far enough away from the walls as what is actually to code
Customer reply replied 29 days ago
This is where it is located in my kitchen and I’ll send the board they had nailed in front of it
Customer reply replied 29 days ago
This is panel
Customer reply replied 29 days ago
Ok now I’m done I’ll wait for your response thank u for your patience with me as well
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago

Thank you for the information. Unfortunately, I am going to opt out of your post because I do not have the expertise needed to answer your water heater question.

Best wishes,

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Customer reply replied 29 days ago
Thank u
Customer reply replied 28 days ago
Is anybody going to answer this???
Real Estate Lawyer: Barrister, Lawyer replied 26 days ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,126
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello, different expert here..

.

I am also a landlord and have had this setup in the past and it was up to code long ago.. The water heater is vented into the same exhaust line as the wall heater and that vent line should then proceed up through the attic and the roof and terminate outside the property with an aluminum vent cap on the top of it..

.

Since these set ups were up to code long ago, they don't have to be changed and are grandfathered in to existing properties unless substantial renovations are done... if so, everything has to be brought up to code..

.

But honestly, this doesn't really have much to do with the non payment of rent issue and if you can't get the landlord to hold off on any eviction action, then they would be able to terminate the tenancy with a 10 day notice to pay or vacate and then by filing an eviction action in court to get a judgment to force you to vacate.

.

.

thanks

Barrister

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Customer reply replied 26 days ago
Thank u :( for the info
Real Estate Lawyer: Barrister, Lawyer replied 26 days ago

You are very welcome. Glad I could help.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 25 days ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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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).

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