Landlord rec'd rent late, cashed the check- later sent by mail a notice of vio lease w/late fee to be pd by 5 days/term

Question

Last mth landlord rec'd rent late, cashed the check & then mailed a notice of violation 12/18 of lease demanding any associated late fees be paid by five days or be subject to lease term and a filed against me civil court-warrant in debt. I did not intentionally pay rent late, believed there to be a post office error and my landlord travels a lot, with often my monthly payments being cashed several days after paid/mailed. I did not receive mailed notice until 01/05-out of area due to holidays w/no success of reaching landlord to comm. I also mailed prior receipt of notice read last night for the mth of Jan. 2018. In the notice received from landlord, it threatens court and a demand up front of lease term total of mthly fees from 01/2018-06/30/18. I have been privately renting the dwelling since 01/2010. Also notice, no other methods to reach me were made via phone or email and were requested methods of contact in a emergency. What are my rights, what can I expect here?

Matthew Lane Kreitzer · Answer

You need to contact your local Legal Aid to discuss what steps you need to take if you intend to stay in the residence.

F. Paul Maloof · Answer

Unless the landlord gave you a written letter with a reservation of rights in it when he accepted tour late rent payment, he waived his rights to proceed against you for a violation of the lease.

Q: Landlord rec'd rent late, cashed the check- later sent by mail a notice of vio lease w/late fee to be pd by 5 days/term