Can a landlord start eviction if their representative has received your rent money and you are not 30 days behind?
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Can a landlord start eviction if their representative has received your rent money and you are not 30 days behind?
I owed $90 on my last months rent when the new month came around on the third day of that month I called the person who represents the Landlord and told her I had the money. She said she couldn’t come until the next day the 4th. She came the next day and got it. Now I only owed for this month and I had actually given an extra $10. I have a receipt for $100 dated the 4th. She however did not turn the money over to the landlord until the next day so on the afternoon of the 4th he went down to the court house and filed for eviction asking for the money owed for last month and this months rent. What I want to know is can he do this? I was not 30 days behind when he filed the papers because I had given the money to his representative. Can you help me?
Asked on April 14, 2012 under Real Estate Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It sounds as if the proceeding for eviction has a lot of problems and that when you appear you may indeed be able to have the proceeding thrown out. First, the landlord has to give you some form of notice to pay or wuit before he starts the eviction proceeding nd it does not wound like he did that here (a 3 day notice is what is generally required but state law differs). So if no notice then no proceeding can be brought when you do not comply. Next, if an agent accepts money on your behalf it is as if you received it and so the eviction as to the prior month will fail. As for this month it is hard to tell what your tenancy is, if you have a lease, what date you generally pay or what the law in your state allows for a leeway. I would seek help from a tenant group and please answer the petition and say that you already paid and there was no notice given. Good luck.
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