Yeah every apartment I've lived in give a grace period (between 3 and 5 days). Landlords shouldn't want to kick you out because then they aren't making money. Just sounds like you have a hard ass landlord. If my landlord did that to me, and if I could pay in something besides check, I'd pay in pennies, just to make him count them all. I'd also go over your contract and see if it says in there anywhere that paying on the day is late. If it's not in the contract I'd refuse to pay that late fee.
I just got an eviction notice!? What the Hell do I do?!
- Thread starter sir.rutthed
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sounds like a bad landlord, I have a nearest payday grace period on mine. Since I get paid every other week.
Talk to your landlord... if you paid then he can't evict you, and, even if you don't, according to US law he can't evict you for 60 days anyways.
Post-dating cheques is not necessarily a legal thing to do in all areas. It's not something people generally get arrested or sued over but if it ever comes up in a court case where it's important it can work against you.JdA said:
Hmm, interesting, never looked into how that's treated outside of Canada. It's all pretty commonplace here, my work actually just got several post-dated cheques back from our landlord as he sold the building off.Danny Nissenfeld said:
Regardless - your best idea is to get the payment secured before the due date, and always get a receipt (these can also be handy when doing your income taxes, depending on where you live).
~side note - captcha: in the box.
What's in the box? What's in the box?! And why is Kevin Spacey looking so damned smug?
My landlord did this once, same exact scenario (other than the dungeons and dragons [I mean I play, just not this particular day]). They sent us a memo saying that the last day to before becoming late was the 6th, it turns out they meant on the 6th it is late. Lucky for me I kept the memo just in case (my roommate was running late on pay that month so I wanted back up) and paid on the 6th when they tried to charge me an extra $120 for a late fee.sir.rutthed said:
This is is utter bullshit. It's the due date not the due before date. You have until 12:59pm on the day that is stated to make the payment before it can be called overdue. As long as you get the payment to them on or before then they legally have not got a leg to stand on.sir.rutthed said:
I never had that problem in Colorado. Even when a rent check bounced, all the landlord did was personally deliver a letter pointing out the missed payment. Maybe it was just a thing he did, but it left no doubt that he sent the notice that somehow got lost, and would give me a chance to explain things. I guess not all landlords care about tenants the same way.TLS14 said:
I'm not familiar with Texan law since I live in California and study this as well, but check your contract wording and see what it says. That makes absolutely no sense at all. Delivering the money on the due date is on time, not late.sir.rutthed said:
Correct. Unless stated otherwise, delivering the payment to said recipient is not considered, and is never considered (unless they are lying) late. The due date is the final day in which you are able to deliver payment. There is no such thing as a "due before the due date, due date". You're not responsible for the grace period between you delivering, say, a check, and when hat check is transferred. Once you turn in your payment, your obligations are done - and complete.x EvilErmine x said:
Tell your landlord he/she is full of shit. Well, no, then you'll just get another notice.
Quoting for truth, I've had far too many landlords try to screw me anyway they can, I don't know the rules outside of Canada, but up here it specifically states in our Residential Tenancy Act that Rent is -due- on the first of the month unless your rental agreement/lease says otherwise. And due means due, not late. In your position I would be getting a copy of your local tenancy act (or whatever is your equivalent down there) and studying it alongside your rental agreement/lease, because that "late on the first" is a HUGE red flag that he's probably screwing you over because you don't know the rules. Trust me, you'd be surprised how often it happens.RJ 17 said:
This really makes me appreciate my landlord. He's an old hippy that owns a coffee shop and the loft apartment above it. I rent the apartment as it's freaking huge and I get it for a song. I would bet that he probably wouldn't notice if I didn't pay my rent on time .. .. or at all.
I would seriously check your lease and compare it to your local law.
A lot of people don't realize that a good chunk of landlords are douchebags, and they can actually get fines from the city/town you are in if you prove that they are operating outside legal limits. 3 Days is a total crock, and unless your lease says the due date is late he is also breaking the lease agreement by charging a late fee. Also check lease stated %'s vs legal maximums.
A lot of people don't realize that a good chunk of landlords are douchebags, and they can actually get fines from the city/town you are in if you prove that they are operating outside legal limits. 3 Days is a total crock, and unless your lease says the due date is late he is also breaking the lease agreement by charging a late fee. Also check lease stated %'s vs legal maximums.