Q: Is it normal to be asked for the next month's rent in advance to stop an eviction?
Hi, I'm late on my rent and my landlord sent me an email today saying that my case was being sent to an attorney to start eviction. She sent me a 3 day notice on last Friday. I thought that the 3 days started the day after the notice was sent and did not include weekends. Her email stated that I can pay in full today to avoid eviction and extra fees. I emailed her back saying that I can pay the balance in full on Thursday. The email also said if I didn't pay in full today, I will need to pay a $285 filing fee and that I will need to pay my next month of rent up front. Is this normal? I told her that I can pay the past due balance and the filing fee but doubt that I can pay the next month rent until 3/29. I am 12 days late on my rent. Rent is not late until day 6 and day 8 I received a notice.
A:
It is not typical for a landlord to demand the next month's rent in advance to stop an eviction process, but it may be within their rights depending on your lease agreement and local laws.
Here are a few things to consider:
1. Check your lease agreement to see if there are any provisions about late payments, fees, and eviction procedures.
2. Review your local and state laws regarding eviction notices and landlord-tenant rights. The rules for when a notice is considered served and how weekends and holidays are counted can vary by jurisdiction.
3. The $285 filing fee mentioned by your landlord is likely the cost they would incur for filing an eviction case in court. They may be trying to recover this potential cost from you.
4. Demanding the next month's rent in advance is unusual, but the landlord might be trying to ensure they receive payment for the upcoming month given your current late payment.
If you can pay the past due balance and the filing fee by the date you mentioned, you should communicate this clearly to your landlord in writing. If they proceed with the eviction process, be prepared to present your case in court and provide evidence of your attempts to pay the owed amount.
Consider seeking legal advice from a local tenant rights organization or attorney specializing in landlord-tenant law to better understand your rights and options in this situation.
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