Accepting partial payments

[jcdec63]

What is the name of your state? Colorado
My husband and I signed a year lease on June 2. Our rent then is due on the 2nd of every month, and our landlord gives us 3 days in which to pay it. This month(August), we were unable to come up with the full amount on the due date. I called our landlord and asked him if we could make a payment the next day(10th), with the following Friday paying the balance(17th). He was not very happy, but stated that he would do it for us this time. After giving him the partial payment he informs me that he is bringing or giving us a 3 day notice to quit the next day and then we would have 3 days from the next day after, and then he would bring another 3 day notice during the middle of the week and that would give us another 3 days to make the payment. If payment was not made at the end of that time period(Sat), then he would start court proceedings! My question is, does he have a right to do that, based on him not informing me over the phone of his intentions and only AFTER I paid him the money? I also think he is jumping the gun on us since we just moved in, but maybe that's his perogative.....confused!What is the name of your state?

[CourtClerk]

Originally Posted by jcdec63

What is the name of your state? Colorado
My husband and I signed a year lease on June 2. Our rent then is due on the 2nd of every month, and our landlord gives us 3 days in which to pay it. This month(August), we were unable to come up with the full amount on the due date. I called our landlord and asked him if we could make a payment the next day(10th), with the following Friday paying the balance(17th). He was not very happy, but stated that he would do it for us this time. After giving him the partial payment he informs me that he is bringing or giving us a 3 day notice to quit the next day and then we would have 3 days from the next day after, and then he would bring another 3 day notice during the middle of the week and that would give us another 3 days to make the payment. If payment was not made at the end of that time period(Sat), then he would start court proceedings! My question is, does he have a right to do that, based on him not informing me over the phone of his intentions and only AFTER I paid him the money? I also think he is jumping the gun on us since we just moved in, but maybe that's his perogative.....confused!What is the name of your state?

Jumping the gun?!?! You absolutely canNOT be serious. You just moved in and the way you establish yourself as a tenant is to not be able to pay your rent 2 months into the lease and you think HE'S jumping the gun? What he should do is give you a three day notice if that's what's required by law and then start eviction proceedings promptly after that. He's doing you a favor by accepting the late rent.

Also... whether he did this 3 day notice, then another 3 day notice... you'd owe the rent for August ANYWAY so he doesn't have to inform you of his intentions at all.

[treese]

My question is, does he have a right to do that, based on him not informing me over the phone of his intentions and only AFTER I paid him the money?

Yes. He could have refused to work with you and went straight for eviction.

Jumping the gun?!?! You absolutely canNOT be serious. You just moved in and the way you establish yourself as a tenant is to not be able to pay your rent 2 months into the lease and you think HE'S jumping the gun? What he should do is give you a three day notice if that's what's required by law and then start eviction proceedings promptly after that. He's doing you a favor by accepting the late rent.

Also... whether he did this 3 day notice, then another 3 day notice... you'd owe the rent for August ANYWAY so he doesn't have to inform you of his intentions at all.

I agree.

[jcdec63]

Okay...I get it, I did wrong...I just am different than most people and would give someone one chance at least and if it continued to be a problem the following month I would consider eviction, that's my stand. Thanks for your answers.

[CA LL]

Your LL IS giving you much more of a chance than most would, ESPECIALLY since you are a new tenant.

I usually issue 3-day pay/quits within 2-3 days of the due day and if not fully paid in that period, there is no turning back, eviction is filed and possession is forfeited...I don't accept the money at all after the 3-day expires because in my state (CA) I don't have to.

SERIOUSLY...just like employment..your first few months there are a "trial" period. To be late two months into a lease..WOW. Rent should be your TOP priority above all other bills.

And many LL's..myself included..won't even accept a partial payment period.

[jcdec63]

Not that this makes any difference now, but my husband and I had just moved here from another state and I am awaiting disability determination and can not work, and he has not had full, steady employment up until the last week or two, that is why we could not pay our rent on time, our shelter IS the most important thing for us to pay as always.

[CA LL]

You're right..it makes no difference. Actually surprised you were approved for the place to begin with..most LL's require proof of verifiable income, on the job for at least a year, etc. You were lucky to even get the place...and should borrow from family, friends, bank, credit card to pay your rent in the mean time.

[Alaska landlord]

A smart LL would have rejected your application. Until you are a landlord you do not know what we have to deal with in turns of promises to pay that never come about and the type of people we have to deal with. He should not have accepted partial payment and should have given you a 3 day notice with filing for eviction on the fourth day. That is how most would have done it with possibly a few variations in the time sequence.

You got a big break don't blow it.

[jcdec63]

Now you are assuming what type of people we are??? You say "A smart landlord would have rejected your application." The reason it was accepted was because of our previous landlord who gave us recommendation, as did the one previous to that that gave us a written glowing reference. We are good tenants, we clean our rental units thoroughly when we leave, down to pulling stoves out, windows...etc. This is the type of work I did before I became disabled, so I know what to look for and what to do when it comes to move-outs. I guess none of the people that have replied to my problem have ever had a hard time and never had to worry about where they would get their next meal either!!

[bigwheels]

Originally Posted by jcdec63

Now you are assuming what type of people we are??? You say "A smart landlord would have rejected your application." The reason it was accepted was because of our previous landlord who gave us recommendation, as did the one previous to that that gave us a written glowing reference. We are good tenants, we clean our rental units thoroughly when we leave, down to pulling stoves out, windows...etc. This is the type of work I did before I became disabled, so I know what to look for and what to do when it comes to move-outs. I guess none of the people that have replied to my problem have ever had a hard time and never had to worry about where they would get their next meal either!!

I dont have an answer for your problem ,plus im new to this sight , but most of the threads and replies Iv reviewed seem to be LL themselves , and your right , alot do not know what its like o be down to your last 5 bux, thats where the misunderstanding comes in , some folks dont have probs , so they feel as if no one else should either , i feel your pain ,ive been there .I know this reply doesnt help sorry.

[jcdec63]

Yes, it actually does help...I feel like I've been made to feel like a very bad person, and I am not. Thank you for your reply.

[Alaska landlord]

Not that this makes any difference now, but my husband and I had just moved here from another state and I am awaiting disability determination and can not work, and he has not had full, steady employment up until the last week or two, that is why we could not pay our rent on time,

I would have rejected your application not because you are a bad person, but because you have no source of income. Waiting for disability is not the same as having it. It could easily be denied and then where would the LL be? Promises of rent in the future does not pay our bills or put food on our table. We are not charitable organizations for that you have to go elsewhere.

[Alaska landlord]

Originally Posted by bigwheels

I dont have an answer for your problem ,plus im new to this sight , but most of the threads and replies Iv reviewed seem to be LL themselves , and your right , alot do not know what its like o be down to your last 5 bux, thats where the misunderstanding comes in , some folks dont have probs , so they feel as if no one else should either , i feel your pain ,ive been there .I know this reply doesnt help sorry.

I think that if you were to look closely you would find that most of us are just like you. The only difference is that when we are down to our last five bucks, we look at it as investment money. Many of the immigrants that came to this country and made successful lives for themselves came with just a few cents and the willingness to work as long and as hard as it would take to turn their lives around. There were no government handouts in those days. Real estate is probably the poor mans best means to becoming rich. Try it you won’t be sorry.

[BL]

Originally Posted by jcdec63

What is the name of your state? Colorado
My husband and I signed a year lease on June 2. Our rent then is due on the 2nd of every month, and our landlord gives us 3 days in which to pay it. This month(August), we were unable to come up with the full amount on the due date. I called our landlord and asked him if we could make a payment the next day(10th), with the following Friday paying the balance(17th). He was not very happy, but stated that he would do it for us this time. After giving him the partial payment he informs me that he is bringing or giving us a 3 day notice to quit the next day and then we would have 3 days from the next day after, and then he would bring another 3 day notice during the middle of the week and that would give us another 3 days to make the payment. If payment was not made at the end of that time period(Sat), then he would start court proceedings! My question is, does he have a right to do that, based on him not informing me over the phone of his intentions and only AFTER I paid him the money? I also think he is jumping the gun on us since we just moved in, but maybe that's his perogative.....confused!What is the name of your state?

Here's the deal .

Land lording is a business and there are Landlord tenant Laws per States .

This month(August), we were unable to come up with the full amount on the due date.

That's not the landlord's problem , and any verbal agreements mean nothing .

Get subsequent agreements in writing,dated,and signed .

Now , I'm a renter , and am not going to look up your State's Landlord tenant Laws , but In my State before my case ( non LL/tenant ) , a LL/tenant case was heard.

The LL was seeking an eviction for non payment , but had accepted partial payment from the Soc. Services . The Judge Stated He was not going to evict her that month , and the LL would have to file in small claims for the remainder .
The Judge did warn her the LL wanted her out and could give her proper notice the following month so she had better start looking .

If you can't get the remainder contact the salvation Army ,churches , church organizations , Soc, Services . Most are willing to help occasionally .

Some landlords will give some leniency, other won't , it's their right under the Law.

[Hot Topic]

If I were a landlord who had received an excellent recommendation regarding a tenant, who then turned around and couldn't pay all their rent after having lived in the building for only two months, sorry, but I'd have to wonder about the recommendation.

What's the nature of your disability? There are plenty of places to offer you help.