What should I do about a pre-dated notice?

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What should I do about a pre-dated notice?

I paid my rent on the 3rd of this month, it is due on the 5th. On the 6th I received a letter on my door that my rent was now late because they can’t accept “partial payments”. However, I paid my rent in full between 1 check and 1 money order; no where in my lease does it say that this is an unacceptable form of payment and it doesn’t state this this constitutes a “partial payment” either. The 72 hour notice was dated for a date that would have been impossible to pay by because I wouldn’t have even received the returned payments by then. I received them the 9th followed by a pre-dated note the 10th.

Asked on August 11, 2012 under Real Estate Law, Oregon

Answers:

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

Answered 8 years ago | Contributor

You sound like you have a valid bone of contention here.  Paying by two different forms of payment does nto constitute a partial payment under the law. 6 days to return the payments seems a bit long as well.  What, though, do you really want to do here?  Do you want to fight the eviction or just pay the rent as they wish and be done with it?  It becomes an issue of your time and if it is worht the fight.  Good luck.


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