Late per the Landlord new Rental agreement

[asfalc04]

Landlord has given us a new lease to sign still month to month same amt of rent but now due on the 1st (use to be the 5th) with this statement on the cover sheet "a $75 late fee for the first day and $20 for each day late after that date." On the old/new rental agreement it says "If landlord does not actually receive a rent pymt in the full amt at the designated place of pymt by the 1st (new date, old was the 5th)and on the 5th (new date, old was the 10th)day of the month at 11:59pm it becomes late." She called screaming and hollering that we have been late 3xs out of the 6 and for me to include my late fee with the rent for this month. And that I must not want to live here so she can come and put a FOR RENT sign in the yard in a matter of minutes. And that I needed to read my rental agreement because I was late and owed her late fees. We have paid our rent on/between the 5th and this last month on the 9th (first time). She has requested a late fee from us 2xs in the amt of $10;which we paid. But I don't think I owe her late fees of that matter. Since we have not pd on the 10th or thereafter. My questions are could she be in breach of this agreement? If so can we use that to move out without giving her the 30 day notice based on that? If NOT can I request a prorated amt of rent for this month since I am going to give her notice to vacate and my rent is pd from 05/05/11 to 06/05/11 and she now wants rent on the 1st? Any help would be greatly appreciated. Thanks in advance.

 

[army judge]

Make it easy on yourself.
Read the rental contract (lease).

Give notice according to the lease you signed or live under.

Don't be tricky.


Don't end up being a defendant.

Pay her the rent on time, give proper notice, and then leave. Otherwise, she'll sue you and win. She may have trouble collecting, but no more trouble than you'll have renting with an eviction proceeding under your belt!!!

 

[asfalc04]

OK so then Im not reading the lease correctly at least where the late fees come in?
By the way thanks for your response.

 

[MorgansDaddy]

You need to give notice of 30-days no matter what. Giving it now, and moving out before June 5th would land you in court. Give your notice now via certified mail or another way so you have proof of receipt stating you are terminating the month-to-month agreement and will be out by June 30th. Obviously, you will need to pay rent for June.

Next time, don't sign something that you don't agree with. Had you not signed the new agreement, you still would be on a month-to-month lease with the original lease's rules still in place.

 

[asfalc04]

Oh no we havent signed the new rental agreement.
So what can I do now?

 

[army judge]

Oh no we havent signed the new rental agreement.
So what can I do now?

You're a month to month tenant by state statute.

Give notice you're moving out on 30 June.


Do it by personal service, regular mail, and return receipt (signature requested-proof of delivery)!

Date it Monday, 24 May.

Pay your June rent on time, and request she meet with you to conduct a walkthrough on June 30 (or sooner, if you get out by the 28th or 29th).

Make sure you take pictures or videoes when you leave and make notes regarding any damages.

She'll probably try to keep your deposit.

She can't evict you or lock you out.
Only a judge can do that.
An eviction proceeding takes at least six weeks to happen.
You'll be out by then.

Pay June's rent on the first.

 

[asfalc04]

Boy do I need to become a Landlord instead of a Tenant. This is only my 2nd time renting.
My first Landlord was a sweetheart and I had to move due to my son moving back in with
me. Thus needing a bigger place. I regret it now.

Thanks so much for shedding light on all this for me.

 

[army judge]

Trust me, as a landlord, you do not want to be a landlord unless you own buildings or apartment complexes.



By the way, do not sign the new lease!

it is better to operate under state statutes for the next 30 odd days!

Boy do I need to become a Landlord instead of a Tenant. This is only my 2nd time renting.
My first Landlord was a sweetheart and I had to move due to my son moving back in with
me. Thus needing a bigger place. I regret it now.

Thanks so much for shedding light on all this for me.