It will also help you because if you pay what is owed the landlord within 10 days of any judgment against, you can keep your tenancy.
If you pay rent late often, your landlord may try to evict you on the basis of repeated or chronic late payment, instead of non-payment of rent. Late payment of rent is not the same as non-payment of rent. However, if you have a lease , the lease may allow the landlord to send you a notice to quit that is shorter than 30 days for any reason other than non-payment of rent.
If the late payment or non-payment of rent is caused by a delay in your receipt of government assistance or rental payments and you are facing an eviction, you have the right to a 7-day continuance of an eviction action. Also, if you or someone in your household has a disability, you may be entitled to a reasonable accommodation to prevent eviction.
For example, if you do not receive your disability SSI income until the 3rd of the month, you should ask the landlord and the judge for a reasonable accommodation of a later due date for your rent. If you have a disability which interferes with your ability to make rent payments on time, you may ask for a reasonable accommodation for example, by arranging for representative payee to handle your rent payment. If there are other good reasons for a late- or non-payment, you should explain the reasons to the landlord and the judge. Temporary financial hardships or other sympathetic circumstances may be persuasive to reach an agreement for a reasonable time to pay and to avoid eviction.
If you rent a condominium, you pay rent to the owner of the condo, who is your landlord. The owner is required to pay a monthly condo fee to the building's condo association. Before the condo association can collect rent from you, it must wait until your landlord's condo fee payments are at least 25 days late.
It must then send a notice to the landlord explaining that it intends to collect the rent for her unit to pay the late condo fees. If the landlord does not respond to the condo association's notice within 10 days, or if she admits that she owes the association money, then the association is allowed to collect all or some of your rent each month until your rent has paid off the amount the landlord owes to the condo association.
If the landlord responds to the condo association within 10 days, but denies that she owes the association any money, then the condo association cannot collect any rent from you. If a condo association asks for your rent, you should ask the association to put the request in writing. You should also ask for copies of the notice the association sent to your landlord and any written response from your landlord to the association. Remember that in no event can the condo association ask you to pay more than your rent.
A landlord cannot retaliate against you, including trying to evict you, for paying rent to a condo association as allowed by law. Also, you cannot be charged a constable's or other fee for service of a notice to quit for rent that is less than 30 days late. Whether a landlord accepts payment in full and waives or reserves her right to dispute the rent is a question of fact that depends on the circumstances of each case.
Your landlord may attempt to reject your offer of payment in full: Your landlord must notify you that she is reserving her rights to continue to dispute the rent owed before or at the time you make the rent payment. Hoffman , Mass. To be effective, a reservation of rights must be communicated to you either before or at the time your check is accepted. If a landlord writes a reservation of rights on the back of your rent check but you could not know about this until after the check is cashed and the cancelled check is returned to you by the bank, the reservation may not be valid.
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However, your deadline to cure is extended to the date the Answer to the Summons and Complaint is due if the notice to terminate your tenancy at will does not contain the statutory right to cure language. Compare language of G. And according to the Uniform Summary Process Rule 2, you cannot be served with an eviction complaint until after the expiration of your tenancy by the day notice to quit.
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Jeffrey , Boston Housing Court No. Massachusetts law requires a day notice to terminate a tenancy for non-payment of rent whether the tenancy is under a lease or a tenancy at will no lease. Massachusetts law also requires a day or rental period notice to terminate a tenancy at will for any reason other than non-payment of rent.
Typically, it is the lease that will say what type of notice of termination is required and what reasons other than nonpayment of rent, if any, are permissible grounds for terminating a lease before it expires. You have the right to an interpreter. You may be able to get free legal help from your local legal aid program. Or email a question about your own legal problem to a lawyer. Show Endnotes Hide Endnotes. Leave this field blank. Produced by Lauren D. Song Last Updated May What If the Rent Is Late As a tenant, you are obligated to pay only the rent you and your landlord have agreed upon.
For more information about late penalty and discount clauses, see Chapter 1: Disputes about the Amount of Rent If your landlord incorrectly calculated your rent, did not credit you for rent you paid, or charged you fees or damages that are not your responsibility to pay, there are steps to take to try to protect yourself. Payment and Acceptance One way to resolve a dispute about rent is to pay your landlord what you think is owed with a check that includes the following statement on the back of the check: Protect Yourself If your landlord continues to dispute the amount of rent you owe after accepting and cashing your check with this statement written on the back, you should put the disputed amount in a bank account that is separate from your other money.
Always protect yourself by keeping in a safe place a copy of: The front and back of your check with your statement that you are paying the full amount of rent. The cancelled check after the landlord cashes it, and Any letter you send the landlord. Always Try to Cure You have a right to stop your landlord from bringing an eviction by paying all the rent you owe by certain deadlines.
You Have No Lease If you do not have a lease and your landlord gives you a day notice to quit for non-payment of rent, you have the right to stop your landlord from bringing an eviction by curing and paying all the rent you owe within 10 days of receiving the notice to quit. You Have a Lease If you have a lease and your landlord gives you a day notice to quit for non-payment of rent, you have the right to stop an eviction by curing and paying all the rent you owe on or before the answer date that is listed on the court papers the Summons and Complaint.
Landlord Refuses Payment If your landlord refuses to let you cure by accepting your payment, be sure to document the refusal. Eviction for Repeated Late Payment If you pay rent late often, your landlord may try to evict you on the basis of repeated or chronic late payment, instead of non-payment of rent. Delay in Government Assistance Payment and Other Good Reasons If the late payment or non-payment of rent is caused by a delay in your receipt of government assistance or rental payments and you are facing an eviction, you have the right to a 7-day continuance of an eviction action.
For more on reasonable accommodations , see Chapter 7: Explain when you can pay. Also give the date when you can make payment. Give a reason why you need a delay. Your landlord will also want to know why you are late with the payment. Accordingly, you should give a reason in your note or email. The landlord will want to see that the reason is a one-time event and not likely to recur.
Promise that you will never be late again. For this reason, you should make a promise never to ask for another extension. Once I get my first check, I will be able to pay rent on the first of the month, as agreed to in our lease. Ask the landlord to contact you. Your letter or email is the opening move in the negotiations. Politely ask the landlord to contact you with a decision about whether you can delay your rent payment.
Please contact me as soon as possible at [insert phone number]. Wait to hear from your landlord. Your landlord will either agree to let you delay payment or demand that you make payment immediately. You should be prepared to negotiate for a delay if the landlord rejects your request. If you have been a good tenant, who is rarely late with rent, then your landlord should be willing to accept a delayed payment—especially if you have a believable reason for being late.
Also realize that it is unlikely that your landlord will move to evict you. However, as a practical matter, an eviction proceeding will take too much time. For example, the landlord will have to file a lawsuit in court, and you will have some amount of time usually several weeks to respond to the lawsuit. By that point, you probably will have your rent money. Sometimes people are afraid to negotiate. Unfortunately, this is often true of women. People fear negotiation for different reasons. For example, they might fear coming across as pushy. Or they are afraid of angering their landlord.
In particular, although asking for the delay might anger your landlord, missing the payment will anger him as well. You really have no choice but to explain your situation and try to get an extension. Furthermore, look at the negotiation as an opportunity to work on your negotiating skills.
People can benefit from negotiating in a variety of contexts: Consider this negotiation with your landlord as a learning experience. Your landlord may call you and demand full payment on time.
You need to be prepared to make a counter-offer. Try to give the landlord a reason to accept the late payment. Ask for a waiver of late fees. Your lease probably allows the landlord to add late fees or to charge interest for each day the rent is late.
The New York Times. It is against the law for landlords to charge late fees in some cases. Always protect yourself by keeping in a safe place a copy of: Find Legal Aid You may be able to get free legal help from your local legal aid program. A leasing agreement which transfers most of the risks and rewards of ownership, usually for the life of the asset, is known as a finance lease.
If you are having a hard enough time getting the landlord to accept the delayed payment, then you might want to remain silent on late fees. On the other hand, if your landlord readily agrees to the delay, then gently ask if you can get the fees waived as well. Ask family or friends for a loan. Instead of asking for a delay, you might want to get a loan from a friend or family member. Ask for an interest-free loan. Your family and friends might understand your financial difficulties and be happy to help.
Get a Paying the Rent mug for your mate Helena. 2. Paying the rent "I just bought my girl dinner so you know its time for her to pay the rent." by Big JD August. 2. pay the rentunknown. To go to the bathroom. From the phrase that you never buy beer, you just rent it for a while. I've drunk so much, it's time to pay the rent.
If you take out one of these loans, then you will probably fall even deeper into debt. They might make short-term loans for a reasonable interest rate.