It also does not matter that it is your last month the rent is still legally required to be paid on time.
You misunderstand the time line on rent being due. NO landlord EVER has to except late rent & just charge a late fee so you are wrong on the 6-9 being allowed to pay late. That may be what they do as standard policy but this is not the law. Rent is due on the 1st no later than the 5th with that grace period. They can legally serve you an pay or quite notice on the 6th.
You legitimately have not paid so yes the notice is legal.
Yes, the apartment complex can legally evict you. You have a lease that says that, even. You haven't paid this month's rent, which is legal grounds for the eviction. The fact that it's the last month is immaterial. If I were you, I would go to the office tomorrow, and see if you can stay to the end of the lease if you pay the rent that day. Most likely they will agree, and then this is all settled.
Rent isn't paid at your convenience, it's due the first, and in your case you have a generous grace period.
Your lease spells it out quite clearly, and if the notice they posted on your door is in fact a pay or quit they're doing it by the letter of law. If you're not paid up or moved out by Friday, they very likely will file for eviction. The proximity to the end of your lease is irrelevant, they still have their rights in recovering what you owe them.
Why would they attempt to evict you 11 days before the end of your lease? Because rent was due on the 1st, you are leaving, and they want the money you owe them.
They aren't evicting you. They are telling you they WILL evict you if you don't leave or pay by Friday.
If you had actually READ the notice you would have seen that you do NOT have to be out of your apartment by Friday. The first step in an eviction is to ask the tenant to pay OR vacate within three days. That would coincide with the date you promised to pay - Friday.
Pay OR vacate by Friday. If you do not pay by Friday (or vacate) then they will take the next step in evicting you.
They are saying "Hey you, we didn't just fall off the turnip truck. We are following the law and fully intend to proceed with eviction IF YOU DO NOT PAY ON FRIDAY."
If they wait until Friday to see if you pay, then they have to give you a "3 day vacate or pay" which burns three more days.
It sounds like they're quite on top of it and are managing things well.
Don't get your knickers all in a twist until you READ the notice.
Next time you make an agreement with your landlord to pay late get it in writing .Have both you and the person agreeing to the agreement sign it.Big complexes tend to forget or put it In there computer that you have made special a agreement with them and can just blow you off next time get it in writing then present to the office .You can also show it in court if they try and evict you .Other wise it is he said she said.I found with landlords your best bet is to get anything you agree to in writing .If have to find a fax machine and have them fax you a copy of the agreement if you must do it by phone .
eviction in TX require legal papers notjust the notice.
a court order is needed.
http://www.nolo.com/legal-encyclopedia/e...
Yes, it sounds like it. I thought they had to give a thirty day notice, but it sounds like in Texas it's a three-day notice for not paying rent on time.
You may have the option of paying the rent in the next three days, and you won't be evicted, if you leave within three days, the landlord is supposed to use the security deposit to pay for your rent, and the landlord can sue you for any remaining debt.
You should call your landlord or go to the office as soon as you can to sort this out, it doesn't seem right that they told you one thing and did another, but it sounds like they can legally do that.
I gave you a good answer before.
I posted this question before with no avail.
Our lease is up 7/22. On 7/7 I went into the office to get the prorated amount for a money order and was told they were having problems with their computers and to come back tomorrow.
So yesterday, 7/8, I call and get the amount and ask to pay Friday because I'm working on moving into the other place. I was told that "as long as I pay before the 22nd, I was fine".
Hours later (nighttime) I had to run home and get some more stuff from my apartment and I find an eviction notice on my door stating that we needed to vacate the property by Friday. Funny enough, my younger brother had been there to clean up some stuff for me and says that no one rang or knocked, so it seems that they left the notice there well aware that I wasn't home.
DESPITE the fact that I was told I could pay the rent later, the lease agreement states that rent is due on the 1st, grace period until the 5th, 6th-9th is rent plus late fee and then the 10th, they'll issue an eviction.
Is what my apartment complex doing lawful?
I mean, why would they attempt to evict me 11 days before the end of my lease?
