What to Do If You Get Notice to Pay
QUESTION: I had so many bills to pay this month that I could not come up with my entire rent on time. The landlord gave me a three-day notice “to pay or move out.” Immediately, I left a message on his answering machine, explaining the situation and that I would pay the rent within 10 days. But just a few days later, someone brought me court papers saying that the landlord is suing me for rent, and that he wants me to move out. Can he do this?
ANSWER: As a tenant, you are legally obligated to pay your rent on time. Any time rent is late, a landlord may serve a three-day notice for the tenant to pay rent or to move out of the unit, unless some other arrangements are worked out between the tenant and the landlord. Since you could not pay, and did not want to move out, you should have met with the landlord in person to try to make arrangements for payment.
Usually, landlords are willing to work with tenants, especially if the tenant had a good payment record in the past. Had the landlord agreed, the plan should have been put in writing, with the landlord specifically agreeing not to take any legal action based on the three-day notice.
Your message on the answering machine was not sufficient; not only can a message be erased, forgotten or misunderstood, but even oral agreements are easily disputed. Because legal action was started, you need to contact an attorney for advice immediately; you have five days from the day you were served to file your answer in court. If you cannot afford to pay for an attorney, check with Legal Aid to see if you qualify for their free services. Your local bar association may also help. You may still be able to settle without a trial, although your landlord will probably expect you to pay for all or part of the legal costs. He may be willing to accept a payment plan.
If you lose in court, not only will you owe the legal costs, but there will also be a judgment recorded against you. Judgments usually remain on all credit reports for seven years if they are paid, and for 10 years if they are not paid. Having a judgment on your credit report makes it more difficult to obtain loans, credit cards or rental housing.
How to Best Handle Emergency Repairs
Q: The water heater in my duplex burst. I called several plumbers and got estimates to replace the heater. When I told my landlord, he said to go ahead and have the plumber do the work, and that he would reimburse me. When the plumber with the lowest estimate arrived, she said that because the water heater is located in the garage, it had to be raised 18 inches to meet current building codes, and the pipe fittings also had to be replaced. Her price went up by another $100.
I was unable to reach my landlord for approval of the higher price, but because we needed the heater, I authorized the work. The landlord wasn’t very happy about the outcome, but finally did reimburse me for the bill. Can you suggest a better way I could have handled the situation?
A: Under the circumstances, you handled the situation reasonably well. For the future, your landlord should provide you with a 24-hour emergency phone number, or the name of an agent that can authorize repairs in the landlord’s absence. Because the additional expense was required to bring the installation up to code, it was appropriate for your landlord to pay the higher bill. If you have not already done so, include a copy of the repair receipt with your next rent payment to the landlord.
Is Rent Due Ahead When Moving Out?
Q: I paid my rent on the first of this month, and gave my landlord notice that I plan to move out of my apartment on the tenth of next month. Now, my landlord demands that I pay him the rent for the 10 days of next month immediately. My rental agreement states that rent is due on the first of each month. He said that my notice to move out would not be valid unless I paid all the rent in advance. Is my landlord right?
A: No. Rent is due when specified in the rental agreement, and it covers one month at a time. The notice you gave your landlord informs him of your intention to move out. Your notice allows the landlord to advertise the unit and to try to find a new tenant as soon as possible. While you are still required to pay rent on time, your rental payment has nothing to do with the validity of your notice to terminate your tenancy. You will owe only 10 days of rent for next month, which you should pay on the first of that month.
