Q: I received a 10-day notice to pay or vacate for nonpayment of rent. What do i do?
We are not on a contract or lease; we are month to month. We have paid and fixed all involved with the home for almost 8 years the Landlord has not maintained the home we have which is fine for minor things but we had to pay for people to come out to look under our home for rats and they fixed the outside of the home to prevent any foundation issues as well as put wiring over any access to under the home which i would assume be the Landlords responsibility. He had told us from the start to just do what needs to be done and take it off the rent. We had tried to reach out to him numerous times regarding the issue, but we did not hear back and paid for it. We have been struggling financially due to my Husband changing jobs and i pay to help with my father's care in Canada as well i take care of everything for him due to severe dementia so it's been extremely difficult recently financially. The notice says $3600 by May 3rd, and we have 3 children I'm so scared we will have no place to go.
A: The question is not whether you can afford it (though that obviously is the bottom line) but what do you owe? If you really do owe $3600 or more, and cannot work out a payment plan with the landlord, he can proceed to try to evict you for non-payment. His 10 day notice must be legally compliant and lawfully served and the amount specified as being owed must be accurate. If, for example, you are entitled to a reduction in rent due to habitability issues over the last year, or you have unreimbursed expenses the landlord owes you that would reduce your bill to below the $3600, you may be able to win in court and not be evicted, at least on this Notice. If you think you might have a case, review everything with a local landlord-tenant attorney asap.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
