Can I be evicted after paying partial rent while waiting on my disability checks to strat?

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Can I be evicted after paying partial rent while waiting on my disability checks to strat?

I have paid partial rent and have explained to my landlord that on the 15th I will be paying the rest of the past due month plus late fees, the current month plus late fees and the next month in advance. I received a letter from the landlord stating that all monies have to be paid by the 6th or I have 48 hours to vacate the premises. Can the landlord do this? I’m trying to make her understand that once the checks begin, then my rent will not be late any longer. I do not have money to move or find another place at this time.

Asked on June 3, 2011 under Real Estate Law, Indiana

Answers:

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

Answered 10 years ago | Contributor

We need to discuss this in two ways: one assuming you have a lease and one assuming you do not.  Either way you can take a deep breath for now as your landlord has failed to give you proper notice to vacate.  First, if you have a lease and you are late on your rent as per the agreement then the landlord has to formally serve you with a notice to pay or quit (a 3 day notice or 5 day notice depending on the city/county/state).  If you do not pay and do not leave -"quit" - then she has to serve you with a formal notice of eviction and start proceedings.  If you are a month to month tenant then she has to serve you with a 30 day notice to vacate and then if yo do not leave after the 30 days she has to start eviction proceeding against you.  The letter does not count as notice.  You can ignore it.  She should also have refused partial payment.  It hurts her case here.  And once she accepts the full rent on the 15th - and she will - the entire matter is moot.  Should things g differently write back.  Good luck.


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