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For the first time in the last 8 months at my new apartment complex
(equity apartments - Houston , TX), I was 1 day late in paying the
rent.
The rent was due on the 3rd, I made the rent payment in person on the
4th at around 4:40 pm + $75 late fee using money order.
I came out of my apartment and going out to chill on a Labor Day
weekend at around 6:30, to find a "3-DAY NOTICE TO VACATE for
non-payment of rent" on my door steps. I mean seriously I was one day
late and I did pay the late fee! And the leasing office person
accepted the rent + late fee gladly.
What am I supposed to do now?? I will go talk to them at 1:00 pm...
C what happens.
Any Advice will be really helpful as I am not familiar with the tenant
laws.
~Saurabh
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In article <ipjpj0pgq5c52g7e0tmsf9ddn71mr1u26g@4ax.com>, High and dRy
<saurabh007@yahoo.com> wrote:
For the first time in the last 8 months at my new apartment complex
(equity apartments - Houston , TX), I was 1 day late in paying the
rent.
The rent was due on the 3rd, I made the rent payment in person on the
4th at around 4:40 pm + $75 late fee using money order.
I came out of my apartment and going out to chill on a Labor Day
weekend at around 6:30, to find a "3-DAY NOTICE TO VACATE for
non-payment of rent" on my door steps. I mean seriously I was one day
late and I did pay the late fee! And the leasing office person
accepted the rent + late fee gladly.
What am I supposed to do now?? I will go talk to them at 1:00 pm...
C what happens.
Any Advice will be really helpful as I am not familiar with the tenant
laws.
Most likely, the list of folks to give the 3 day notices was
typed up prior to 4:40PM. That is pretty close to the end of
the business day. As a result, I am willing to bet that the
3 day notice was already in the process of being served when
you paid your rent, and it was too late to call it back. Hope
for the best and that they will simply cancel the 3 day notice
when you go talk to them.
Beyond that, I don't see why they would ask you to leave if
they accepted the rent plus late fee, especially if you haven't
made a habit of it. Go talk it over and see what is really
going on. If they do want you to leave under this order, make
sure you find out if they are cancelling the lease or not. They
might want you to leave, and still be responsible for paying
the rent for the rest of the lease terms. If this is the case,
then you need some legal help. Seek out a tennants union or
your city housing department to see what help/advice might be
available.
Please post back and tell us what you have learned.
-john-
--
====================================================================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
====================================================================
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High and dRy wrote:
[one day late in rent. agent accepted rent and late fee, but OP got
eviction notice]
Any Advice will be really helpful as I am not familiar with the tenant
laws.
Before moving to laws, you need to tell us if your lease allows for
this. My take is that you are all right because the agent accepted the
money and the late fee, but maybe not. Also Houston or TX may have some
regulations helping or hurting you. I'm not familiar with either place.
-paul
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[cc'd to previous poster; follow-ups in newsgroup suggested]
"High and dRy" <saurabh007@yahoo.com> wrote in misc.legal.moderated:
I was 1 day late in paying the rent.
I came out of my apartment ... to find a "3-DAY NOTICE TO VACATE for
non-payment of rent" on my door steps.
What am I supposed to do now?? I will go talk to them at 1:00 pm...
That's what you're supposed to do.
Many apartment complexes are very aggressive about posting 3-day
notices if the rent is late at all. It sounds to me like this was
just a screwup by the management -- at close of business on Friday
the 3rd they gave the list of non-payors to whoever makes up the
notices, then on Saturday the 4th when you paid it was Labor Day
weekend and they didn't get the word to the person who was making up
the notices.
Talk to the office tomorrow (Tuesday) and I bet that's what they'll
tell you. They may or may not apologize for scaring you
unnecessarily.
You should have no worries about actually being evicted. Just hold
on to your receipt.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
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I came out of my apartment and going out to chill on a Labor Day
weekend at around 6:30, to find a "3-DAY NOTICE TO VACATE for
non-payment of rent" on my door steps.
It's entirely possible, particularly if the office is automated, that the
notice was generated automatically earlier in the day. When I worked as an
apartment manager, I'd make those notices in the morning the day after the
rent was due, and when the office closed, I'd pin them up. I did them by
hand, and attached them to the same clipboard where I kept the rental info.
When someone paid, I discarded their notice.
I don't see it as a problem.
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High and dRy wrote:
For the first time in the last 8 months at my new apartment complex
(equity apartments - Houston , TX), I was 1 day late in paying the
rent.
The rent was due on the 3rd, I made the rent payment in person on the
4th at around 4:40 pm + $75 late fee using money order.
I came out of my apartment and going out to chill on a Labor Day
weekend at around 6:30, to find a "3-DAY NOTICE TO VACATE for
non-payment of rent" on my door steps. I mean seriously I was one day
late and I did pay the late fee! And the leasing office person
accepted the rent + late fee gladly.
What am I supposed to do now?? I will go talk to them at 1:00 pm...
C what happens.
Any Advice will be really helpful as I am not familiar with the tenant
laws.
~Saurabh
Call the Houston Apartment Association on Fallstone St. Ask for Andy
Teas..... he's the Dir. of Government Affairs. While he works for the
association, he has a clear understanding of renter's rights. They also
have a group that help renters resolve questions with their landlords.
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For the first time in the last 8 months at my new apartment complex
(equity apartments - Houston , TX), I was 1 day late in paying the
rent.
The rent was due on the 3rd, I made the rent payment in person on the
4th at around 4:40 pm + $75 late fee using money order.
I came out of my apartment and going out to chill on a Labor Day
weekend at around 6:30, to find a "3-DAY NOTICE TO VACATE for
non-payment of rent" on my door steps. I mean seriously I was one day
late and I did pay the late fee! And the leasing office person
accepted the rent + late fee gladly.
In some areas, evicting a tenant for any reason is a long drawn out process,
and landlords are motivated to get it started as soon as possible if it
becomes necessary. Chances are that your landlord doesn't really want to
evict you, but wanted to get the process started just as insurance in case
you failed to pay. Now that you have paid, you probably have no problems. At
this point the landlord probably couldn't evict you if he wanted to.
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On Thu, 09 Sep 2004 06:31:07 -0400, "Don Zimmerman"
<doreen194@adelphia.net> wrote:
In some areas, evicting a tenant for any reason is a long drawn out process,
and landlords are motivated to get it started as soon as possible if it
becomes necessary. Chances are that your landlord doesn't really want to
evict you, but wanted to get the process started just as insurance in case
you failed to pay. Now that you have paid, you probably have no problems. At
this point the landlord probably couldn't evict you if he wanted to.
The 3-day vacate notice is a legal requirement and a prerequisite for
filing eviction. It is part of the paperwork the judge needs to see,
in order to grant an eviction. Once you have paid, and can provide
proof that you paid, the 3-day becomes just another piece of paper and
would not be relevent in an eviction.
The 3-day MUST be sent to all people delinquent in rent as of the 3rd
of each month, assuming that is the end of the grace period. It is a
fair housing issue.
Mike Smith
http://www.scaryjohnkerry.com/vietnam.htm
http://humaneventsonline.com.edgesuite.net/unfit_video_wmv.html
Zell Miller and Ed Koch are Americans first and members of the Democratic Party
second.
This has totally confused the rest of the Democratic Party.
"I have knocked on the door of this man's soul and found someone home,
a God-fearing man with a good heart and a spine of tempered steel.
The man I trust to protect my most precious possession: my family."
Zell Miller, talking about President Bush 9-1-2004
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