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Landlord threatening eviction due

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Old Nov 8th, 2006, 07:09 PM     #1
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Question Landlord threatening eviction due

I have resided in my apartment for the last 11 months. Each month I have either made an arragement to pay my rent (which is due by the 5th) on the 15th of each month. I have either paid it in full on the 15th or made 2 payments one on the 1st the other by the 15th.

I called my landlord as I usually do to notify him of the payment he would this receive this month's on the 15th (which includes the late fee). I was told that he would not accept the payment and that if the payment was not received by the 10th he would start the eviction process and I would incur additional cost to bring the rent current.

Although it states in my contract that rent is due by the 5th, am I correct to think that since I have been making payments on the 15th and only paying the late charge that this method is legal and binding unless I receive written notice by my landlord that our "arrangement" will no longer be accepted?

What are my rights in the situation? I very annoyed that he is trying to force me to pay court fees because of the payement date. Iin the last 10 months he has accepted this payement "arrangement" with our problem. I also have receipts to prove my case.

Please advise
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Old Nov 8th, 2006, 07:11 PM     #2
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Question Re: Landlord threatening eviction due

Atlanta, GA

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Originally Posted by Unregistered View Post

I have resided in my apartment for the last 11 months. Each month I have either made an arragement to pay my rent (which is due by the 5th) on the 15th of each month. I have either paid it in full on the 15th or made 2 payments one on the 1st the other by the 15th.

I called my landlord as I usually do to notify him of the payment he would this receive this month's on the 15th (which includes the late fee). I was told that he would not accept the payment and that if the payment was not received by the 10th he would start the eviction process and I would incur additional cost to bring the rent current.

Although it states in my contract that rent is due by the 5th, am I correct to think that since I have been making payments on the 15th and only paying the late charge that this method is legal and binding unless I receive written notice by my landlord that our "arrangement" will no longer be accepted?

What are my rights in the situation? I very annoyed that he is trying to force me to pay court fees because of the payement date. Iin the last 10 months he has accepted this payement "arrangement" with our problem. I also have receipts to prove my case.

Please advise
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Old Nov 9th, 2006, 11:52 AM     #3
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Default Re: Landlord threatening eviction due

Technically he can still hold you to the lease date--unless you have some kind of agreement otherwise--it will help if you have to go to court that he accepted payments late before, but he does not have to do so.
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