Can we be served with a 3-day notice to quit simply because the rent has been paid about 15 days late for several months?

Landlord Tenant Law 3 views 2 answers
We have lived in a single family home for 15yrs. And have always paid rent each month NEVER have we gone a month without payment, although we have paid late on several occasions. Now, the owners have told the property manager to issue us a notice to pay or quit if we don’t pay within the first 5 days of next month. Is this legal? Aren’t they still required to give us a 60 day notice since we are month-to-month? The prop manager feels the owners may be receiving advice from others as they consistently raised the rent over the last few years seemingly to match market rents; ours is below market rate. We have appreciated their patience over the years and all we want is legal consideration before they kick us out just because now they exhausted their patience with us.

Attorney Answers

2
Daniel Beaver ·
It's probably legal. There's a chance that a judge might - might - find that the landlord has somehow waived the right to be paid the rent within the first five days of the month. The problem for you is that the only way to find out the answer to that question is at a trial. A trial where, if you are wrong, you are evicted and have a judgment against you. They are not required to give you a 60 day notice if the rent is late - that's a 3-day notice. The landlord may be "training" you to pay on time, or may be trying to catch you not paying within the 3 days, in which case the landlord would be within their rights to file an eviction lawsuit. In either case, it is quite likely that they are within their rights.
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Shazad Omar ·
There are a number of leases that prevent any waiver of actions similar to this when it comes down to whether they want to enforce the lease or not. There are a number of considerations that need to be taken which include review of your lease. Without knowing more information regarding your particular lease makes it difficult to answer your question.
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