CanI be evicted after leaving the amountthat Iowed on the day requested but at the night drop?

My rent was late and I received a 3 days notice to pay. The notice said that I had to pay by 07-15-10. I dropped the money orders on the 15th, but at the night drop, because I couldn’t make before they closed (I left work late and the traffic was bad). The office returned the money orders saying that an eviction process was sent to the lawyer at 5:45 pm on the 15th ? Is that a right procedure? What can be done to reverse that?

Asked on July 17, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would fight them tooth and nail, as they say.  And I would ask for attorney's fees to boot. 

The 3 day notice, unless it is modified by statute in our state or interpreted through case law to mean otherwise, expires at midnight on the 3rd day. Now, the unfortunate part would be if you did not have a receipt for the night box.  I am guessing that you do not.  But I am hoping that they returned you checks in a letter stating what you just stated.  I would strongly recommend that you seek legal help in your area with all of this and that you seek whatever damages you are permitted under the law for their bringing this suit unnecessarily.  Realistically an attorney could not file a suit until the next business day.  Good luck.


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