News
12-11-2006, 11:00 PM
Repeatedly Paying the Rent Late Can Prompt an Eviction Notice
Saturday, June 3, 2006
Q I have lived in my apartment for four years. I have recently gone through a financial problem and have been paying my rent late, with the late-payment fee, for the past couple of months. Yesterday the manager said that the owners wanted to serve us with a legal notice because of the late rent. My boyfriend finally has gotten another job, so we will be able to pay rent on time. How they can do this when they have been accepting the late rent paid along with the late fee?
A Tenants' attorney Kellman replies:
Landlords are allowed to demand that rent be paid on time. They may also agree to accept the rent late. These late-payment agreements may be by written contract or they may legally be implied simply by the conduct of the parties.
For example, if you have a pattern of paying late for a period of time without objection by the landlord, an agreement to pay late may be implied. In other words, the landlord may waive the right to demand timely payment of rent when he has led you to believe and rely on the idea that rent can be paid late.
If an eviction proceeding is initiated for a late rent payment, a judge may rule that it is unfair to blame you for that late payment based on your express or implied agreement.
In your case, however, you may receive a legal notice to terminate your tenancy. In most jurisdictions, the landlord does not need to state a reason for the eviction. There are some jurisdictions where, under certain conditions, the notice must state a cause. In general, a legal notice would be illegal if it is retaliatory in nature even in a no-cause-eviction jurisdiction.
In your case, such a legal notice may be retaliatory because you would be getting evicted for standing on your rights to follow a late-payment plan. Of course, the best way to proceed when you need to pay the rent late is to have a clear written agreement to avoid such problems.
I have a question about my rights as an occupant to my share of the security deposit. I am an "occupant" at a rental house where my two roommates are listed as the only leaseholders. I am going to be moving in a few months and the two roommates would be continuing the lease and paying the rent without my contribution. I wasn't sure how I should get my security deposit back. Since I will be moving out during the lease and not at the end of it, am I entitled to my full deposit back?
Property manager Griswold replies:
Because the underlying lease remains in place and you are not named on that lease, you need to work out any security-deposit refund with your two roommates. The landlord has a contractual relationship with the individuals on the lease and does not have any obligation to you directly concerning the security deposit.
While it's common for roommates to move in and out, I always suggest that landlords keep the full security deposit in place until the lease is terminated by all occupants. You should have your remaining roommates (or the new roommate if they are planning on getting one soon) thoroughly inspect the area of the rental you occupied plus the common areas used by all. Then just as a landlord is obligated to do at the end of a lease when the tenants vacate, they should give you back the security deposit you paid minus any deductions for damages beyond normal wear and tear. While landlords are required to provide an accounting and refund of any unused security deposit within 21 days, there are no such requirements between roommates.
This column on issues confronting tenants and landlords is written by property manager Robert Griswold and San Diego lawyers Steven R. Kellman, director of the Tenant's Legal Center, and Ted Smith, principal in a firm representing landlords. E-mail your questions to Griswold atrgriswold.inman@retodayradio.com. Questions should be brief and cannot be answered individually.
? 2006 Inman News Features
Saturday, June 3, 2006
Q I have lived in my apartment for four years. I have recently gone through a financial problem and have been paying my rent late, with the late-payment fee, for the past couple of months. Yesterday the manager said that the owners wanted to serve us with a legal notice because of the late rent. My boyfriend finally has gotten another job, so we will be able to pay rent on time. How they can do this when they have been accepting the late rent paid along with the late fee?
A Tenants' attorney Kellman replies:
Landlords are allowed to demand that rent be paid on time. They may also agree to accept the rent late. These late-payment agreements may be by written contract or they may legally be implied simply by the conduct of the parties.
For example, if you have a pattern of paying late for a period of time without objection by the landlord, an agreement to pay late may be implied. In other words, the landlord may waive the right to demand timely payment of rent when he has led you to believe and rely on the idea that rent can be paid late.
If an eviction proceeding is initiated for a late rent payment, a judge may rule that it is unfair to blame you for that late payment based on your express or implied agreement.
In your case, however, you may receive a legal notice to terminate your tenancy. In most jurisdictions, the landlord does not need to state a reason for the eviction. There are some jurisdictions where, under certain conditions, the notice must state a cause. In general, a legal notice would be illegal if it is retaliatory in nature even in a no-cause-eviction jurisdiction.
In your case, such a legal notice may be retaliatory because you would be getting evicted for standing on your rights to follow a late-payment plan. Of course, the best way to proceed when you need to pay the rent late is to have a clear written agreement to avoid such problems.
I have a question about my rights as an occupant to my share of the security deposit. I am an "occupant" at a rental house where my two roommates are listed as the only leaseholders. I am going to be moving in a few months and the two roommates would be continuing the lease and paying the rent without my contribution. I wasn't sure how I should get my security deposit back. Since I will be moving out during the lease and not at the end of it, am I entitled to my full deposit back?
Property manager Griswold replies:
Because the underlying lease remains in place and you are not named on that lease, you need to work out any security-deposit refund with your two roommates. The landlord has a contractual relationship with the individuals on the lease and does not have any obligation to you directly concerning the security deposit.
While it's common for roommates to move in and out, I always suggest that landlords keep the full security deposit in place until the lease is terminated by all occupants. You should have your remaining roommates (or the new roommate if they are planning on getting one soon) thoroughly inspect the area of the rental you occupied plus the common areas used by all. Then just as a landlord is obligated to do at the end of a lease when the tenants vacate, they should give you back the security deposit you paid minus any deductions for damages beyond normal wear and tear. While landlords are required to provide an accounting and refund of any unused security deposit within 21 days, there are no such requirements between roommates.
This column on issues confronting tenants and landlords is written by property manager Robert Griswold and San Diego lawyers Steven R. Kellman, director of the Tenant's Legal Center, and Ted Smith, principal in a firm representing landlords. E-mail your questions to Griswold atrgriswold.inman@retodayradio.com. Questions should be brief and cannot be answered individually.
? 2006 Inman News Features