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  1. #1

    Default Can Your Landlord Evict You After Agreeing to Accept Late Rent

    My question involves landlord-tenant law in the State of: Texas

    Due to a financial setback I was late in October and November and each time told them and they agreed to accept late rent. Even spoke with the manager when I paid November payment saying December was going to be late but after that all will be on time. The owner of the property is now evicting us all on the same day a post on their facebook review page saying the maintenance was shoty but a nice place to live. I have pictures of the shoty maintenance and each month before they served me their pay or quit and said they just had to do it. This time two days prior to the agreed upon date they serve me a basic get out in three days they will not accept late payment. This on the same day the post was made. It is obvious this is in retaliation for the post but will the verbal agreement hold up and also since they have set the standard of accepting the late payment in the past set a standard unless they notify me in advance that late payment will not be accepted anymore.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Can Your Landlord Evict You After Agreeing to Accept Late Rent

    Can you prove they agreed to the extension?

    does your lease address late payments or grace periods?

  3. #3
    Join Date
    Dec 2012
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    1,026

    Default Re: Can Your Landlord Evict You After Agreeing to Accept Late Rent

    It's December 23rd, you still haven't paid December rent and you have the balls to post comments on your facebook that maintenance is "shoty" regarding this place....and you have a difficult time understanding why you're facing the risk of an eviction?

    " they have set the standard of accepting the late payment in the past set a standard unless they notify me in advance that late payment will not be accepted anymore. "

    What "standard" do you plan to legally argue when you go to court?

    At what future date were you planning on paying December rent?

    Gail

  4. #4

    Default Re: Can Your Landlord Evict You After Agreeing to Accept Late Rent

    We had agreed to me paying on the 11th which would have been done. But on the 9th just hours after the post they gave us a notice to vacate and they will not accept any late payments starting immediatly. The past two months was not an issue October on the 16th and November on the 13th. Both with all applicable late fees as agreed upon in the lease.

    - - - Updated - - -

    Quote Quoting gail in georgia
    View Post
    It's December 23rd, you still haven't paid December rent and you have the balls to post comments on your facebook that maintenance is "shoty" regarding this place....and you have a difficult time understanding why you're facing the risk of an eviction?

    We had a verbal agreement to pay on the 11th made the month prior. So on the 9th when they advised me they would not accept late payment it was a shock. Yes court is January 5th and will ask judge to allow me to complete lease paying December with late fees through the 11th and January rent immediately with the understanding that no future late payments will be allowed.

    - - - Updated - - -

    I cannot prove it if they lie in court. The lease does state after three days late fees will be added but does not give a timeline.

  5. #5
    Join Date
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    Default Re: Can Your Landlord Evict You After Agreeing to Accept Late Rent

    To evict you for non-payment, your landlord must serve upon you a three-day pay or quit notice, and you may pay your rent in full during that three day period. If by "they serve me a basic get out in three days they will not accept late payment" you are stating that they served you with a three-day notice, and they have told you that you actually have to pay your rent during the three days or they'll file an eviction action, then you had best heed the notice. If this is a properly posted lock-out notice, and your lease permits the landlord to lock you out for nonpayment of rent, you will need to keep that consequence in mind.

  6. #6
    Join Date
    Dec 2012
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    1,026

    Default Re: Can Your Landlord Evict You After Agreeing to Accept Late Rent

    "Yes court is January 5th and will ask judge to allow me to complete lease paying December with late fees through the 11th and January rent immediately with the understanding that no future late payments will be allowed."

    Yes; bring these funds to court at this time (in cash; no checks) to prove your good faith in catching up with this rent.

    Gail

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