Can my landlord refuse my rent and evict me?
Me and my boyfriend rented out a apartment we signed a lease and its month to month we planned on moving out due to her harassing me with calls and she called his job asking about us paying rent but my 4 year old son was in the hospital the day it was due so we made arrangements to pay later well we told her we was just gonna pay her for the last week we are staying (prorated) so she went off calling me a ***** multiple times and threatened to fight me 3 time's if I didn't leave by tonight. And refused to take the money for us staying for a week. Can she do that? I was reading the laws for here and it don't say anything about a landlord refusing rent payment. But she gave us s printed letter dated on the first when the initial date she gave it to us was the 3rd. Saying we got 5 days from the first.
If a landlord refuses to receive the rent, what step should be taken by the tenant?
There is a really specific set of circumstances where a landlord would legitimately refuse to accept a payment.If you owe money that is past due, the LL would sent a 3 Day Notice to “Pay Rent or Quit the Premises”. I can’t speak for states other than NE, but it’s similar everywhere.If you don’t pay something by the end of the 3 days (plus one day if the notice was mailed, plus zero if hand-delivered) then you are in breach of your lease and the LL can proceed to evict you regardless of whether you have money to pay later. So basically, after the 3 days elapse, it is entirely up to the LL whether he will accept the money or else proceed with legal action to remove you. If it is within the 3 days, the LL must accept the rent but can immediately send a new 3 day notice which reflects the new balance owed.But you know, despite our reputation, LLs hate evicting someone. Turnover costs, lost rent, damage repair, legal fees, maybe there are small kids involved, etc. Just because someone lost their job doesn’t mean I want to make them homeless—landlords will usually work with someone who seems like a good risk. It’s far preferable to accept the payment if possible from the LLs viewpoint.So why not accept it? Say someone owes me $1000, the 3 days have elapased, and they try to pay $50 or similar trivial amount. If I accept the payment, then I have to send a new 3 day notice. Let’s furthur say they have repeatedly lied to me about when they will pay, or maybe they are disturbing the neighbors greatly, causing a lot of damage, etc. Yeah, people who don’t pay on time also tend to be problem renters about other things. So maybe I don’t want to accept their small payment because it just delays the inevitable eviction. I can refuse it and the renter can’t do anything about it (assuming the 3 days have passed).On the other hand say someone owes that same $1000, brings me $800 after the 3 days have elapsed, and says they will bring the rest next week. Of course I would accept that even though I could legally refuse.My speculation is if your payment is being refused then it’s either not nearly big enough relative to your debt, or the landlord really wants you gone for other reasons.
Can a landlord refuse rent?
Absolutely legal. They are not accepting your rents because they want you OUT. I'd venture that you have a consistent pattern of being late with the rents, or the management company would not want you out, if you were a quality tenant with only one or two lates. You will need to check your specific state laws on this situation, but it's pretty common for a landlord to refuse a late rent payment so that he/she can proceed with an eviction without unnecessary problems.
What should I do if my landlord won't accept rent payment?
My landlord and I got into a heated argument (via text, not in person) over the terms of our lease. I have been complaining about birds coming into the apartment for a few months and other pest problems, but I was dealing with it as I understand that the work may take time. February's rent was going to be late due to my hours being reduced in December. I asked for extra time, hung my head in shame and was given until the end of the month to pay. A few days later, the landlord sent a message over Facebook about being tired of being taken advantage of. I repeated that I was sorry, but that pay was in hand. He called me a liar and continued ranting, mentioning that he bends over backwards for tenants. I mentioned (I believe fairly) that birds were still inside the apartment every night, my allergies were giving me problems and that I may need to move at the end of lease if conditions don't improve. The bird and pest problem didn't start until a few months after the lease was signed, but it's been almost a year. I notified the landlord months prior, but never got a response on paper. He told me to "Get the *F* out" after my response. The landlord receives payment via a real estate agency. Upon trying to pay the agent, he said that the landlord does not want to accept payment. I'm a bit paranoid about this. I'm still within the late payment threshold, let alone the month agreed upon. Is there something I should do aside from noting the date on the money order for payment? Payment is required in money order form. If this is an eviction I honestly would like to be out of the apartment, but is there anything else that I should defend against? I'm also worried about repairs as my requests for repairs were via email and letter, but he never responded to those requests directly. This is probably a good time as any to push for repairs if I'm staying at all.
If my landlord is evicting me, do I still have to pay rent?
First of all, I am so glad that I am being evicted. I hate my property and have been trying to get kicked out for a long time. Finally I come home one morning and the eviction notice or "notice to quit" is on my door. The landlord put it there on November 16th when we had made previous arrangements for late rent to be paid on November 20th when I got paid. So I think she thought it over and would just rather have me out on the street than be paying rent late. So in this case, do I still have to pay rent and continue to pay rent until the eviction date specified on this paperwork (Dec. 16th)? I don t want to stop the eviction process under any circumstance.
How can I convince my landlord that I will definitely pay his rent but with a delay? He wants to evict me because of the delay
Do you have a lease and does it state a late penalty with how many days past it happens?I don’t know where you are but if you could give him part of the rent that would help if he would accept that as part of your payment. If you haven’t been late in the past, I don’t understand why it’s a problem.However, if you have been late a lot, your landlord is tired of waiting for his money. He needs to pay his bills on time too.Just keep trying and don’t be late again! You won’t get a good referral.
When your landlord refuses rent and gives it back, does that mean they legally forfeit their right even if you stay?
I think this is an unemotional discussion with your landlord, starting with “is there a reason why you returned my rent?”Whatever the reason, it is highly improbable that you have free rent.Personally, I would prepare myself for the possibility, amongst others, of being evicted.Namaste,Mandi