facing eviction

[DazePA]

I failed to promptly pay rent this month (as well as several other months in my 2.5yrs of living here) and was recently served a termination of lease/notice to vacate by the management corporation's attorney (dated 8/18). The 'move out' date on the notice is 9/3. I had actually submitted rent in full on the morning of 8/19 and did not receive the notice until the afternoon of 8/19 after i returned home from work. Unfortunately, I did not open my mail until after business hours 8/21, therefore was unable to get in touch with the attorney's office nor the property manager. The check has been cashed as of 8/21.

Am I legally obligated to leave the apartment if I received the notice after I submitted the back rent? Also, does it matter at all that they have already deposited the check or was I responsible for paying back rent anyway even though they have started the eviction procedures? The notice also gave no suggestions for rectification (it did not offer a pay so-and-so amount by such-and such date) - does this matter at all?

Thanks for your advice.

 

[Gail_in_Georgia]

Contact management first thing Monday morning to get confirmation in writing that they received your check and cashed it, thus negating this pay or quit notice.

Gail

 

[DazePA]

Thanks Gail, for your response.

In the notice it did not specifically state that if I pay, I would be allowed to stay. Does it matter, or was it supossed to be assumed? After doing some research online, I thought this may be an Unconditional Quit notice. Or was this Termination of Lease/Notice to Vacate notices a Pay & Quit notice? I am so confused!

I have definitely been planning on contacting the property manager Monday morning. I just wanted to get a clearer understanding of all this before I spoke with her.

Thanks so much

 

[Gail_in_Georgia]

The first step in filing for an eviction due to nonpayment of rent typically involves the landlord/management having to contact the tenant in writing. This notice can be described in many ways; Pay or Quit, Termination of Lease, etc.. Most of these are basically a "pay up or get out" notice.

It's important to keep in mind that a landlord/management cannot actually evict anyone. Only a court can grant an eviction. IF you were to ignore this notice within the required time period listed, the next step would be for management to actual file for an eviction with the local court system. You would then be notified (by the court) that this has been filed; you would be given a certain number of days to answer this notice. If you failed to do that, the court would grant management the eviction. If you answered the notice, a hearing would be set up and both of you would have the opportunity to present your side as to why you should or should not be evicted.

Landlords/management really don't like to evict anyone. It costs to file, it's a pain to go to court, they lose money after the eviction and while the unit remains empty, etc..

The fact that they cashed your check is your evidence that they have no legal right to evict you due to nonpayment of rent. You just need to be sure that there's not some bookkeeping snafu from management (this happens, especially in large complexes) and that the matter has now been settled.

Gail

 

[DazePA]

This does clear up a lot of things I had been confused about. Thank you so much for your help!

 

[jacksgal]

I am reading this differently. Gail knows better than I but I still see this different. You were given a "notice to vacate" not a pay or quit! This is likely due to your frequent late paying! Landlords have bills to pay as well and their creditors like to be paid ontime as well. I suspect (based on how you desribe notice) you violated terms of lease with your late paying. This gives landlord the right to end lease and request you vacate. If you dont eviction could be result. Again Gail knows more about this than I but the post reads like a notice to vacate not a pay or quit!

 

[DazePA]

^

This is how I was interpretting the notice, but had wondered why they would accept/cash my payment. I am now thoroughly confused!

 

[jacksgal]

The notice was given before you paid and PA allows no second chances. Further more your tenancy has been terminated for late pay and is valid. You leave by notice deadline or face evcition