Does a landlord habitually taking a tenant’s rent lategive the tenant recourse during eviction?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a landlord habitually taking a tenant’s rent lategive the tenant recourse during eviction?

I live in in an apartment and I have a 1 year lease. A few years ago I got laid off and have had to take a job for significantly less money and its been very hard for me to pay my rent on time. Every month from approximatelt the last 22 months until last month, I have paid my rent extremely late and they have always let me. I have paid to the penny every dime they wanted and have been appreciative of them letting me pay late. I always ask and make a payment arrangement to pay all my rent by a certain date and I have always paid what I said I would, when I said I would. This month the property manager will not accept the date (a date in the month I have use many many times through these years). She said she’s going to evict me. I understand that they are well within their rights to evict me, but I wonder if I have any recourse seeing as how they have accepted my late rent for so long?

Asked on July 14, 2011 under Real Estate Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally the terms of the written lease determines the time and method for rental payments. However, the terms for timing of payment could be considered changed by conduct of the landlord and the tenant if there is a record and evidence by the landlord in your case accepting rental payments after the date specified in your written lease.

For example if your lease states that rent is due by the 10th of each month, but for the past 4 months your landlord has allowed payment by you on the 15th of each month, accepted payment and deposited the check or money, an arguent could be made that the landlord has given up the requirement to be paid by the 10th of the month and now payment is due on the 15th.

However, under the above example, you would be hard pressed to argue that your landlord by his or her conduct has agreed to accept rental payments after the 15th of each month.

Perhaps you and the landlord can make some arrangements to allow you to remain in your unit by making weekly payments to catch up on any overdue rent?


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption