Question

Can you be evicted out of your home for not paying one month's rent?

I told the lady that I don't have the money for the rent ahead of time. However, I opted to give her what I had for now even though the month isn't over. She said that she couldn't accept a partial payment. I asked others about this and they told me that's a lie. Anyway, I will have the money for sure at a later time during the month, close to the end or a couple of days at the beginning of next month. Anyway, Can I get thrown out if I didn't make one month's payment. Someone told me I should get documentation on them NOT allowing a partial payment. I'm not trying to get thrown out of my place I had an unfortunate situation. I've talked to the lady, she told me not to worry. However, I just want to make sure my back is covered when it comes to this situation. What should I do? Try to keep insisting on paying her partial payment, then if not, get legal document saying she wouldn't take my partial payment for the moment? I will pay my rent and next months' for sure. Right now. Only few$$

6 years ago - 12 answers

Best Answer

Chosen by Asker

You will get a 3 day notice, if you do not have the money, RUN

6 years ago

Other Answers

For sure, they can kick you out for not paying your rent. Read your lease, or your next "unfortunate situation" will be you on the street.

by Little Snarky Foo-Foo™ - 6 years ago

You should look at the terms of your lease to figure this out. It also depends on what state you live in. Some are more aggressive than others. In GA, if you are just a few days late, they will put your things on the street. (I've seen this in various apt complexes) and its totally legal. Whereas in NJ, it took up to 6 months before you could literally 'put' someone out of the rental property.

by im_really_lost - 6 years ago

Yes you can be evicted for that. You can also be evicted for no reason whatsoever if given adequate notice. Certain disadvantaged groups have legal barriers to being evicted like older people and poor people depending on the context. That's why it's important to never rent to these people if you have other options. This all of course depends on the state that you live in. Mostly though the states are more concerned with stability than the property rights of the landowner which I believe is unconstitutional. Generally eviction is a legal process that if uncontested can be over in a month and if contested can take as long as a year depending on the weather outside and whether or not a reasonable settlement can be reached.

by John O - 6 years ago

Your landlord doesn't have to accept a partial payment and may act to evict you. Even if you pay this month's rent a month late, at the end of this month, it sounds like you won't have the $$ for next month's rent. Telling her in advance changed nothing. She has her own mortgage and bills to pay and you're hurting her ability to pay her bills.
READ your lease, carefully.
You don't say whether you regularly pay in full and on time, or whether you have a pattern of late payments. Your landlord may be tired of your problems.

by chatsplas@sbcglobal.net - 6 years ago

What does your lease say? And what is your state's landlord-tenant law? Any local ordinances? Not enough info here!

However, Landlords are not required to accept partial payments, and very few anywhere will accept them. Depending on your lease, and state/local laws, eviction proceedings can begin as little as 5 or 10 days after the due date for the rent if it is not paid in full on time.

Never rent an apartment, room, house, without knowing the terms and the local laws! This prevents problems!

by ibu guru - 6 years ago

Your landlord is following the law, quite well too. Rent is paid upfront and is usually due on the first of the month. If you were to fail to pay your full rent on time you would be in breach of the rental agreement thus you could be evicted.

By refusing to accept partial payment your landlord is protecting him/her self because if they did accept it it could legally be construed that the landlord was willing to accept less than the full amount due. This same idea works if you are late with rent. often leases include late payment fees and if a renter simply pays the late rent without the late fees and the landlord cashes their check they are legally forgiving the late fees.

Source(s)

by linkus86 - 6 years ago

Depends on your lease agreement and what your state landlord/tennant laws are. I suggest you contact your local Fair Housing Administration to find out what your rights are at this point. More than likely, your landlord must give you a eviction notice. Then again, depending on your local laws, they could give you a dated "pay or quit" letter that only gives you a certain amount of days to have the rent or move out completely.

Source(s)

by Bob_Osso - 6 years ago

yes you can be evicted for not paying your rent and NO your landlord doesnt have to accept anything less than the full amount of the months rent

by Gertie - 6 years ago

The landlord-tenant laws vary from state to state, I believe; however, they usually tend to favor the tenant. I once lived next door to a guy that got evicted. It's not pretty and I knew the landlord. The landlord said that she had a difficult time with him not paying his rent for several months.

Basically, in order for a landlord to evict you they need a strong case that's worth the effort and time in court to throw someone out of their property. A landlord doesn't want to go through that time, money, and effort and not be able to evict. Many landlords know that evicted tenants often destroy the property on their way out as well. It's not something the landlord takes lightly.

So with all that said, not paying one month's rent is probably not enough to get you evicted but it's certainly enough for your landlord to start a file on you with that as the first data point.

by J. Mike - 6 years ago

Of course you can be evicted for not paying one month....in fact you can be evicted for being one day late with rent. The landlord does not and should not accept partial payment...doing so would forfit his/her right to proceed with eviction.

by reenzz - 6 years ago

You are in violation of the lease and can be evicted for not paying anything or for only making a partial payment. Her policy may not allow her to accept partials so that it a case by case basis but yes you can be evicted. You had better be happy you aren't one of my residents becasue I file on the 10th if FULL payment has not been received. Good luck and PAY YOUR BILLS!

Source(s)

by April Dawn - 6 years ago