If I am paying smaller rent checks every2 weeks to match my pay periods with work, can I still be evicted?

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If I am paying smaller rent checks every2 weeks to match my pay periods with work, can I still be evicted?

I was unemployed and struggling to make my rent. I owed almost $3,000 in back rent. I started my full time job in August and have been paying $250 every other week. These checks are post dated to correspond with my pay periods from my work. Can my apartment landlord evict me still? Also, I am on a month to month plan and will not be re-signing a lease with this complex. Am I required to give more than 30 days notice that I am vacating the property, once I find another apartment?

Asked on November 16, 2011 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If your lease, whether oral or written, requires all the rent to be paid by a certain date, if you don't pay in full by that date each month, you could be evicted. It doesn't matter if you're providing post-dated checks (since post-dated checks do not count as payment until their date comes around) or that you are doing everything you can--if you're making payment in full on time, you could be evicted. That does not mean the landlord cannot agree to take payment as you indicate--but it's the landlord's choice whether to do so.

2) If you are on a month-to-month lease, you need only provide 30 days notice.


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