Eviction - Landlord Forum thread

Eviction by Southbeachsun (FL) on June 5, 2012 @23:00

Let me start by saying that I understand this is a Landlord forum and I am a tenant, however, I am also a Property Manager. The last few years have been rough in the residential management industry, a couple of the companies I worked for went bankrupt.....I've struggled financially as a result of having to find new employment when these companies go under. Please don't beat me up here.....I need some advice.

A couple of months ago the property I was managing sold and the new owners cleaned house and brought in all of their own people, although our occupancy was high for the area and the property was running smoothly. I have struggled to find work and the last couple of months have been rough. I don't have family to help and I've fallen behind on my rent this month. (The worst thing a PM can do, but I'm really trying to find work).

I've always been a great tenant, take great care of the place, have paid for improvements out of my own pocket, basically work and sleep.

Although I've tried to contact my landlord via phone and email to ask that he work with me on the rent as I have assistance coming, he has not responded, which is strange. Today, the 5th, I received a 3-Day Notice.

My lease states that the rent is due on the 1st of the month, however I have a 5 day grace and then a daily late fee kicks in. In my experience, whenever there is a grace, we give the tenant thru midnight the day of the grace, i.e. they have thru the 5th and if they don't pay, they receive a 3 Day on the 6th.

He posted it at 4pm today and is demanding the rent, plus late fees by 6 pm on the 8th. It seems that I should legally have thru midnight on the 11th since weekends are not included.

Please don't bash me......it's been a really tough time. I started a new job today, but won't receive my first check until later this month....not in time to help me now.

Can anyone advise me on this? I don't have the funds to move, so please don't tell me to do that. If I had the $$ to do that I would pay the rent. This is killing me.

Thanks in advance.

[ Reply ] [ Return to forum ]

Re: Eviction by MrDan (Georgia) on June 5, 2012 @23:22	[ Reply ]

You are correct about the notice requirements. If they are hand delivering or posting the Three Day Notice on the premises, the notice needs to be dated on the date that it is served, and the expiration date of the notice must be no less than 3 business days in the future, not including Saturdays, Sundays or legal holidays. A notice can be served on a Friday, Saturday or Sunday and would still expire on the following Wednesday, as you never count the day of service of the notice, and assuming that Monday, Tuesday or Wednesday are not legal holidays Keep trying to contact the owner/management as the cost of evictions have gone up alot. They should be willing to work with you. If late fees are on the notice and the late fees are not in the lease as additional rent, then the 3 day notice is defective.

Re: Eviction

Re: Eviction by Bryan (Ia) on June 5, 2012 @23:37	[ Reply ]

If you don't pay your rent on the first, it is late, The P/Q should have been served on the second. As a PM you should know that there is a difference between being late and when the late fee kicks in.

Re: Eviction

Re: Eviction by Eloise on June 6, 2012 @09:07	[ Reply ]

Is there any way for you to go to their office in person and speak with them? I know you are not here to get beaten up and it sounds like you know, or should know, your own business.So, not even gonna go there. If your Lease states that you have until the 5th to pay, then the 3 day P/Q notice should be served no earlier than the 6th. After that, you have 3 FULL BUSINESS DAYS For the Eviction to be filed in court. Maybe the new landlords are anxious about getting rid of all the old staff including the ones who live there for whatever reason, but this does not give them the right to disobey the law. If they agreed to give you 5 days of grace period, they should honor them. It can not be fun to be in your shoes, but if it was me, I'd print out the FL State LL/Tenant Law page where it says the above, and I'd take it down to their office myself, I'd talk to them first but if you can't get anywhere, I'd use that as a last resource. Maybe you can go and pawn something or get a cash advance? Good luck to you!

Re: Eviction