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24 hour vacate notice for $30

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jonsey529

Junior Member
What is the name of your state (only U.S. law)? TX

I live in San Antonio TX with a roomate. We always pay our rent, every month and are never late. We pay it through the internet portal that our apartment complex proides. This month, my roomate payed his half on 1 January, and I payed my half on 2 January. There was a zero balance after that. Today, 5 January, we received a notice to vacate for $30.58 of unpaid rent. Our lease clearly states that we have until the third, and I paid the second half of the rent on the evening of the second, so it could have only showed up on our account on the 3rd. Two days later, they are trying to evict us, giving us 24 hours to vacate. We received no notice that our payment was late, and as far as we knew had paid all of our rent in full. They placed the notice on our door at about 6pm, right before they closed the apartment office. The notice also only lists one person on the lease, when there are two. We are both in the military. Is there any way for us to not be evicted?
 


Gail in Georgia

Senior Member
It's important to understand that a landlord/management cannot evict anyone. Only a court can grant an actual eviction. Typically a "Pay or Quit" or "Notice to Vacate" notice is the first step in the eviction process. It is not until management files through the court for an actual eviction, a hearing is set and the court rules on this request that an eviction can take place.

Go down to management today and get some more information regarding why they are now claiming you are late on your rent. Rent IS due on the first day of the month, not the second or third.

Gail
 

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