Question

Can my Landlord evict me because I pay rent 2 weeks late?

We moved into our current rental in August. Unfortunatly, we had to pay October's rent 10 day's late. I called my Landlord October 1st and informed him that the payment would be late. It was beyond our control. Last night he called me and said that if we wanted to continue to rent from him we would not be able to pay late again. He said he would evict me and my family if we made a habit of paying late. My question is...If I pay every month, even if 2 weeks late, can he evict me? We have a 12 month lease and it says nothing about this. I included the 35 dollar late fee w/my payment. We do not plan on paying late again but because my husband is commission I really can't say it will Never happen again. Thank you for any advise you can give!

4 years ago - 7 answers

Best Answer

Chosen by Asker

Well, ..., you might want to try some free legal advice from a lawyers association in your town because local laws pretaining to rent and eviction vary by locality. However, typically the lease will spell out the terms of eviction. Generally being late on the rent is not terms for eviction. The landlord can penalize you by adding a late fee but generally if you're late you can't be evicted. Again. that, however, depends on your local laws that may not be spelled out in the lease. So you need to check that out. Where I live, you have to be 60-90days out before you can be evicted and then the sheriff shows up at your door and throws you and your family out.

However, personally I wouldn't chance it. You guys need to make sure it is never late again.

When it comes to prioritizing payments use the law of 4 squares. House, Groceries, Utilities, and Transportation. Those 4 must come first everything else is secondary. That doesn't mean that you don't pay the others it just means that you need to set aside the money for those 4 first. If the others are late they can only damage your credit they can't take your house or you ability to get to work.

4 years ago

Other Answers

yes. habitual lateness is grounds for eviction. the lease doesnt have to mention this; it's the law.
being late once is enough to get you evicted if the l/l wants to be hard-nosed.

by wg0z - 4 years ago

He can try.
it normally, in most states take 2-6 months to evict.

by I AM OPIE!!! KING OF PAIN!!! - 4 years ago

Yes, he can. The lease says rent due on the first. If you don't pay it on time, you violate the lease.

by the kid - 4 years ago

He can try but most courts favor the tenant. If at the time of the court date you do not owe any rent there are no grounds for eviction. He can though decide not to renew your lease when it's up due to habitual lateness. What "habitual" means varies... it can be once in 12 months or it can mean 2 or more times.

by Just Me - 4 years ago

If you are late paying your rent then your landlord can give you a notice to "pay or quit" (in my state it is a 3 day notice). If you do not pay your rent (with any fees) by the date on the notice then the landlord can file for eviction. The eviction case will take about 1 or 2 months during which time you remain in possession of the property. If at anytime during the eviction process the landlord accepts your late rent then the eviction is dropped and the landlord will have to give you a new notice and file a new eviction case the next time you are late on the rent.

by goldshire1 - 4 years ago

He can evict you, but he can't accept the rent. If he excepts the rent, even late, then he will have no grounds. He may be able to evict for lease violation but not non payment of rent. At least thats the way it works in my state.

by allison - 4 years ago