I just got an eviction notice!? What the Hell do I do?!

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sir.rutthed:
Just got back from talking to the landlord. Turns out paying the day it's due is actually paying late, and the notice was their little reminder to pay my dues. I'm not getting evicted! Thanks for your help guys, I'm glad it was such an easy (if expensive) fix. Thanks guys!

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.

x EvilErmine x:

sir.rutthed:
Just got back from talking to the landlord. Turns out paying the day it's due is actually paying late, and the notice was their little reminder to pay my dues. I'm not getting evicted! Thanks for your help guys, I'm glad it was such an easy (if expensive) fix. Thanks guys!

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.

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.

Tell your landlord he/she is full of shit. Well, no, then you'll just get another notice. :P

Glad to hear you're not getting evicted. Some landlords can go a bit overboard.

RJ 17:

sir.rutthed:
Just got back from talking to the landlord. Turns out paying the day it's due is actually paying late, and the notice was their little reminder to pay my dues. I'm not getting evicted! Thanks for your help guys, I'm glad it was such an easy (if expensive) fix. Thanks guys!

Yeah, I actually work for a property management company. I fully admit I don't know Texas law seeing as how I work in Missouri (as such this could all be a load of crap for your case) but at least up here they can't give you the boot without advanced notice. That said they can send you as many warnings as they want, mostly as an attention-grabbing tactic. In our case we lease to a lot of people whose cell-phones have a mysterious tendency to get disconnected after about a month and as such we have no way of contacting them. So we send them a "you're about to get evicted" notice and surprise surprise: they call in wanting to work things out.

But yeah, that's absolute crap that paying on the due date is considered late. I'd take a look at your lease because there should be something in there that specifically says "rent is considered late if received on or after the (x)th date" followed by a description of the late fees. It really does sound like that landlord is trying to screw you over. "Rent is due by (blank)" has an entirely different meaning than "Rent is late by (blank)".

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.

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.

If you're live in the USA, check the state laws for renter rights. Three days is kind of short.

Talk to the landlord. Failing that, either come back with a gun, or...evict yourself.

If all the good suggestions fail, you could just curl up into a ball until they literally forceably remove you and then just lay there outside until you die from overexposure, heh that'd show 'em.

Well your problem was solved, sounds like an ass of a landlord though.

But I wouldn't have panicked anyway. Six years ago me and my family received an eviction notice on our farm. . . we just left last december after stripping the place clean of anything that could be sold.

Lesson to be learned: You can tie up anything for any amount of time in court if you know what your doing.

Well it shouldn't be called the 'day it's due' then should it.

It should be the 'day it is over due'...

What kind of loopy logic makes sense of that.

Make dates and amounts clear otherwise you have no right to scare-tactic your tenants.
Behaviour like this should be investigated, if a landlord is overtly aggressive or difficult on rent, then they may have something to hide. Check your lease and compare it to state law.

gambler778:
You just got an eviction notice?! You'd better make a topic on the Escapist forums about it before talking to the landlord!!!

This here made my day. Good work.

OT: You might want to edit your opening post so this doesn't go on any longer.

You could kill your landlord, and while the case is being looked over, the family / who ever is in charge won't have time to kick you out. That should give you more time to find a new place :D

........ What?

Oh don't look at me like that, you all thought the same thing.

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