Q: notice of 72 hour termination??
I have currently moved into a new apartment so my rent was prorated for the first month. Through out the second month the rent payment app was continuing to show the prorated amount. My landlord lives in the building so I ran into her and asked her about the issue and she continued to tell me that the app was probably correct. Not thinking anything of it i just paid it and continued on. Well 7 days later i had a 72 hour eviction notice taped to my door but i had no word from my landlord. Turns out she had been sending me emails because in the lease agreement i agreed to be notified by email but i would assume that a written notice should have been arranged as well? Everything is fine now but i was still charged a 75$ late fee for something that i was not aware of and part of the problem was the app as well.
A: If you agreed in your written lease to the amount of rent and to email actual notice, then the landlord has a right to hold you accountable. If you tried to pay rent in full and her computer app refused to allow it, you have a better case for not being liable for the late fee (depending upon the terms of your lease - is there more than one way to pay rent?). The 72 Hour notice could not be lawfully served via email but it sounds as if it was not and that your lease otherwise provides for written notices being served by posting on your door and mailing. It might be worth talking to the landlord about it and seeing if she will split the late fee or even waive it this one time but as a practical consideration, you may not wish to anger your landlord this early in your tenancy if you wish to stay. The downside to agreeing to email notice is you must regularly check it or risk missing communications from the landlord, particularly if she provides you a 24 hr. notice that she intends to enter.
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