My rent was due on the 1st and the place has a grace period till the third. Everyday after the third is a late fee, on the 4th I paid rent in full along with utilities and the late fee. I have receipts and email confirmation as well. Just today (Sunday) , I checked my mail and had a notice to vacate in the mail made out on the 4th. The same day I paid it late. Am I in the clear with this? I just saw it today and they don’t open till 8 in the morning tommorow. Someone please help me, I’m really freaking out here.
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Answers & Comments
It sounds like the notice to vacate & your payment may have passed each other in the mail. Do NOT assume you are in the clear.
This all depends on if you have a current lease or if you are month to month and what kind of notice you received.
If you are month to month you can still be served a notice to vacate even if you have paid.
If you do have a lease & this was a pay or quite notice then they cannot evict you since you have paid.
Not necessarily. Regardless of the fact you paid the late fee, the fact is you were late paying your rent. If you have done this several times, that is grounds for a notice to vacate, which for nearly all US states is a requirement to start formal eviction process.
Unless your landlord is REALLY freaky (or if you have had numerous occasions in doing so) you should be in the clear.
Assuming you're in the US, they can't just send you a notice to vacate. They have to follow the eviction process in your state. That typically starts with a notice saying pay or leave within 2 or 3 days. Then they have to go to court. Since you've paid, they would not win in court.
You'll have to ask them. You missed the grace period, so legelly no you're not in the clear
Call and make sure.
As long as you paid the rent it is fine. The notices crossed.
You say the place has a Grace Period, but have you checked State Landlord-Tenant laws regarding what constitutes a legal Grace Period? If the State requires a 5 day Grace Period, they cannot take action unless the rent is paid later than the 5th.
Grace Periods do not allow tenants to pay late each month: habitual late payment of rent is still grounds for eviction. (The only exception are laws in certain states allowing for those on relying on SS to pay late each month to allow time for the SS payments to go through).
In many cases, only business days can be counted.
A notice to vacate is NOT an eviction. It a notice to vacate.
Your lease is either ending or you are a month to month tenant. The landlord has decided to end your tenancy.
You're most likely fine.
There are certain processes and laws a landlord must follow to evict a tenant. They can't just kick them out. In many cases the landlord is required to provide a court-ordered eviction notice. Do your own research and Learn your rights.