Landlord Never Specified WHEN Rent Was Due

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ehw415

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My lease agreement only states the address and that we agree to pay $700/month including utilities to our landlord (the son of the owner of the house). There is nothing that specifies WHEN the rent is due within that month. We have always paid $350 every two weeks, at the end of the two week period. All of our receipts are dated as such. For example, we lived there October 1-31st. We paid our rent on the 15th and 31st. Now my landlord is demanding that we pay on the 1st and 15th. He claims we had an oral agreement to due so, but I never agreed to anything like that, orally or in writing. If he takes us to court, which I am sure he plans to do, what can protect me from eviction? And if we go to court and pay early, what can I do to protect myself and prevent him from doing this every month? He stated in a text message that he would not sign anything stating when rent is due.
 
Is there any difference between paying as you do, or paying as he desires?
Actually, on an annual basis, under the "new' proposal; you end up paying less.
Here's the math:
$350 paid 26 times a year, equals $9,100 annually.
$350 paid 24 times a year (1st & 15th) equals $8,400 annually.
If it were me, I'd shut up and take the "NEW" deal.
As you explain it, you will save $700 annually, under the "new" plan!
I'd ask for it in writing, before he understands the ramifications of his stupidity!
He is wrong about one thing, however.
There are no legal "oral agreements" when it comes to property matters.
 
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Wait, I'm not quite sure I understand. How am I paying less? I'm still paying $700 a month, I'm paying $350 every two weeks. We were supposed to be paying for "time lived" there but now he wants us to pay for the time we WILL live there. He wanted to make the rent for the last two weeks of February (15th-28th) due today, instead of on the 28th.
 
Wait, I'm not quite sure I understand. How am I paying less? I'm still paying $700 a month, I'm paying $350 every two weeks. We were supposed to be paying for "time lived" there but now he wants us to pay for the time we WILL live there. He wanted to make the rent for the last two weeks of February (15th-28th) due today, instead of on the 28th.

Think about it, please.
If you pay $100 every two weeks for a year, you pay $100, 26 times.
That would be $2,600.
If you pay twice a month, you pay $100, 24 times.
That would be $2,400.

Does that make it any easier to understand?
Think about this.
A year has 52 weeks.
If you pay every two weeks, you pay 26 times.


A year also possesses 12 months.
If you pay twice a month, you pay only 24 times a year!

Think about it.

Going forward, he's now asking you to pay in advance.
That is a change in the original lease.
But, you're not operating on a written lease, are you?
You may want to get it in writing.
Or, you might want to move.
He's the landlord and can dictate the terms.
You either accept them, or leave.
 
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Ahh, I think I understand now. But even if I do take this, will they be able to evict me for not paying this time? They took us to court in the beginning of this month for "back rent." I had all the rent, he was just never around for me to pay him!
 
ehw415 said:
Ahh, I think I understand now. But even if I do take this, will they be able to evict me for not paying this time? They took us to court in the beginning of this month for "back rent." I had all the rent, he was just never around for me to pay him!
Sure, he might be able to take you to court. But, by the time your hearing is held, you should have every dime of rent required to cure any default!




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