What to do if we were told today our landlord doesn’t want to except our rent because we have paid it late too many times?
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What to do if we were told today our landlord doesn’t want to except our rent because we have paid it late too many times?
What started it a new owner took over with out us knowing. The old owner of the apartment would let us pay late. The new owner would not even listen to why it was going to be late just by a day or so. So they sued us and we had to pay a late fee, and court fees of $200. That $200 has set us back, each month we keep getting the late fee and $200 court fee. We pay it each month, we have lived here for almost 18 years. We have never had any problems, not till they took over. None of that matters they say, now they tell us they won’t take our rent for this month, and by next Tuesday we will have ten days to get out. This is so stressful
Asked on October 8, 2015 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You do not have the right to pay late it doesn't matter whether the old owner did or whether you have the best reasons in the world for late payment--you hstill have to pay when the written or oral lease states you must.
The landlord cannot however, refuse rent and evict you for nonpayment simply because it's late. If he tries, to get you out legally, he has to file a court action against you. If he just changes the locks on you, physically removes your belongings, etc., he has violated the law and you can go to the police for help. If he does, bring the rent money to court and explain that you are ready and willing to pay it and tried to pay it, but the landlord refused to accept it. That should avoid eviction--this time.
Longer term, as stated, you have no right to pay late, and the landlord can evict you for late payment--he just has to do it the right way. He can send you a notice informing you that you are violating the lease and can be evicted for it. After that notice, he can, if necessary, bring an eviction action for lease violations. Therefore, you have to stop paying late.
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