• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I dont think my 3day eviction notice is valid

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I live in Wichita, KS my landlord served me i owe 500 for April and 250 for pet fee and 200 for Oct for pet fee and April I've paid extra 100 in August and September i have my receipts but my notice states for non payment of August September and October and late fee for September and October so he gave no 200$ for the extra paid and charging me for a pet fee not stated in lease plus the months are wrong what do i do
 


From Back in April but we made a pay agreement i pay an extra 100 a month which i did except October i didnt pay extra 100$ but hes adding in pet fees too im behind 200$ he has 1600 from August September and October which is wrong i cant pay that
 

quincy

Senior Member
From Back in April but we made a pay agreement i pay an extra 100 a month which i did except October i didnt pay extra 100$ but hes adding in pet fees too im behind 200$ he has 1600 from August September and October which is wrong i cant pay that
So you failed to make the payments as agreed?

How much do you feel you owe?
 
I never made a payment from April til August then missed October but he never said anything and i just found it in my mailbox not on my door or not in an envelope it was crumpled up in my mailbox for all he would of know i didnt receive it if i didnt call to dispute thats how i found out he added on 250$ for a pet deposit
 
Only thing i dispute is amount and that the pet deposit cant be added on to an eviction notice of failure for non payment of rent
 

not2cleverRed

Obvious Observer
Just for clarification, is this a 3 day pay or quit notice?

It is my understanding that such a notice precedes an eviction, and that the landlord has to petition the court for an eviction, and properly (legally) serve you notice of the court date.
 
I have no idea ive never been in this situation its my cousin ive been renting with for 12yrs so idk what happens i can come up with what i truly owe minus pet deposit but not this 3 full months thats false
 

quincy

Senior Member
300$ plus 50$ late fee and if its valid the pet deposit of 250$ so 600$ total
So, when you said you made no payments from April to August and missed a payment in October, you were only talking about pet fees and not rent?

The $1000 difference is curious.

You should check with the court to see what has been filed.
 
I didn't pay only April rent every month i paid regular rent until August and September i added extra 100$ like we discussed in May
 

not2cleverRed

Obvious Observer
I have no idea what you actually owe. You have to figure out what your lease says, and talk to your landlord. I suggest that you gather up you receipts in an orderly fashion, and meet with the landlord. (Sometimes their bookkeeping is off.)

What you [should] have received is a 3 day Notice to Quit. If you do not pay up the amount that the landlord wants (or otherwise resolve what is owed), and do not move out, then after 3 days the landlord can go to court and begin the eviction process.

You have to be properly served of any court actions the landlord initiates against you, so that you can respond. If you do not respond, and do not show up at court, there may be a default ruling against you.
 
I see well he's my cousin i guess he got a wild hair from April rent was only rent i didnt pay and it is a 3 day notice and i have my receipts for only June-oct he's Famliy so i trusted but i have the months he claims i didnt pay
 

bcr229

Active Member
Sounds like you can't afford your pets. Rehome them ASAP so you can ensure they land in a good home and you're not stuck putting them into an animal shelter when you are evicted.

If you get assessed a late fee for one month's rent the payment to cover it typically comes off the top of your next payment. As an example, suppose your total monthly rent is $700, which would include all pet fees, and the monthly late fee is $50.

Month 1: you pay late but do eventually pay the $700 in full. You are assessed a $50 late fee (total $50 owed).

Month 2: you pay $700. The prior month's late fee would come out of that first, so in reality you paid $650 in rent. You will get assessed another $50 late fee plus you still owe $50 for the unpaid rent (total $100 owed).

Month 3: you pay $725. The back rent plus late fees for the prior month come out of that, so you paid $625 in rent, you still owe $75, and you will get assessed another $50 late fee (total $125 owed).

See how it works? Now go back from April until now, using your monthly rent and late fee values from your lease, and figure out how much you owe the landlord, if anything.
 

Gail in Georgia

Senior Member
Frankly, I can't make heads or tail what the OP is posting.

However, the 3 day notice is typically what is known as a Pay or Quit notice; giving the tenant 3 days to remedy the situation prior to the landlord beginning the process of filing for an eviction through the court system. Only a court can grant an actual eviction and prior to that the landlord must give the tenant the ability to remedy the situation first.

Unfortunately we have no idea if this pet deposit/fee is valid or not. Does your lease (if you have a lease) allow you to have pets and if so, does it address any deposit/fee? Is the landlord aware that you have a pet/pets?

Gail
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top