Renter hasn't paid rent which is usually due on the first of the month.  I also never had a rental agreement signed.  They owe me $1000 in overdue rent.  How do I go about collecting my money and now do I go about an eviction?  They've agreed to signing anything that states they owe me the money and will pay after they move out.  Is there any form that is legal and will guarentee this that would hold up in court?
134734
Go to City Hall and tell them your situation. Sometimes your local Chamber of Commerce can help. \n\nMy Parents had a renter who signed an agreement - but in your case (i don't know the technical term) there is a presumption of verbal contract.\n\nThe Renter would have to prove he did pay the rent with signed receipts.  Its your property, and anybody can be evicted for any number of reasons - especially if the rent is not paid.\n\nMy Parents went to City Hall - cant recall who they talked to - but signed an Eviction Form which the police delivered to the renter. The Police Department also enforced the eviction. (there may or may not be a small fee involved but its not much if any)\n\nIf this, or anyone elses answer is better.., is helpful be sure to click the Best Answer option for that person. (for anybody with a best answer). Too many people are asking questions and never give the best answer any credit at all.\n\nGood luck - I know how hard that situation must be.  DO NOT LISTEN TO SOB STORIES IF and only IF you have already been put off two or more times after trying to work with them.\n\nDO NOT GET THEM TO SIGN A RETRO DATED AGREEMENT FORM!  I'm no expert but Im pretty sure thats a bit underhanded if not illegal. Unless the Police or City Hall suggests it - DONT.
461429
New Jersey has very specific laws.  \n\nIf you are even one day late with the rent, the landlord can file for eviction based upon non-payment.  A grace period is the period before you are charged a late fee and has nothing to do with the day your rent is due.  If you rent is due on the 1st and they don't have it by midnite, they can file the summons & complaint at 9:00 am on the 2nd.  There is no "30 days" or whatever in New Jersey.  Filing for non-payment requires no prior notice unless your landlord put it in your lease that they would give you notice.\n\nIf you don't have a lease, your landlord cannot charge you late fees or legal fees. \n\nIf you live in a rent controlled unit, most towns have limits on the late fee that can be charged.  Other than that, the late fee is subject to a reasonableness test that varies from county to county.  Usually it runs around 10%.\n\nIf you do have a lease that lists late fees and attorney fees as "additional rent" you will have the fees taken out of your deposit if you don't pay.\n\nBut the really good news is that in New Jersey, landlords are limited to "reasonable" actual attorney fees ... and $500 is laughable since you didn't even make it to the court appearance stage.  \n\nThe filing fee on a non-payment case in New Jersey is anywhere from $27 to $32, depending on what county you are in.  To do the actual paperwork involved in filing a non-payment complaint, the going rate for an attorney in New Jersey is anywhere from  $75 to $200.  The complaint would have been statutorily dismissed when you paid the rent, so there would be no court appearance fee.\n\nLook at the summons & complaint you received.  It should have the name of the attorney or firm that prepared and filed it.  If you didn't get a summons & complaint then your landlord is lying about having filed because there is no way to stop the process once it is started.  If he tries to tell you that he or they called the court and "told them not to serve you because you paid" then he is lying.  You would have been served anyway, and the notice of dismissal would have been sent to the court separately.\n\nIf you were served a summons & complaint but it wasn't prepared by AND signed by an attorney, then your landlord is lying.  Make sure an attorney signed it, and that your landlord just didn't do it himself and insert the name of a lawyer or firm.\n\nYour landlord had every right to file (assuming he actually did), but he can't pull numbers out of his butt.  If he filed himself, the most he can charge you is the actual filing fee of $27 to $32.  He can't charge for his time, gas, etc.  It's strictly actual cost.\n\nIf he tries to take an imaginary fee of $500 out of your deposit, you can sue him in small claims under the consumer fraud statute.  That means he will have to pay you $1,000 (double what he owes you) for trying to cheat you.\n\nHow many units are in your building?  Is it owner occupied?  Were you notified of the location of your deposit in writing within 30 days of giving it to him?  I'm asking because there may be a way to protect yourself from him trying to deduct anything from your deposit depending on your answer.  Post the answer to those questions as additional info, and I will update my answer to tell you if you can do this or not.
113151
No, you still have to pay your rent,but here is a few things you can do:\n\nIf the landlord does not make the repair the tenant can do any of the following:\n\nTake the rent when it is due to the local clerk of courts. A tenant must be current in their rent with the clerk of courts (called rent deposit). The tenant does not need an attorney for rent depositing. \nApply to the court to order the landlord to make the repairs. The court can also lower the rent until the repairs are made or give the tenant some of the rent money so the tenant can have the repairs made. \nEnd the lease. \nCancel the rental agreement and move. This can be done only after the tenant has given appropriate notice, and the landlord has failed to correct the condition.
509180
YOU ARE IN A PICKLE.\n\nCONTACT OWNER AND SEE WHAT IS UP.. THAT IS YOUR ONLY RESOURCE AT PRESENT.\nMUST OWE SOME MONEY..\n\nTHEY ARE SUPPOSE TO GIVE NOTICE UNLESS YOU HAVE BEEN TOLD VERBALLY.....AND BEHIND OFTEN IN RENT...
265542
Reasons for Eviction\n1. Non-Payment of Rent\nAfter you miss a rent payment, your landlord must give you notice and wait three days, not counting Saturday, Sunday or legal holidays, before he can evict. He must mail or give this notice to you, or leave it at your residence, and it must specify the amount due and the deadline for payment. \n\nIf you pay rent within the three day limit, then your landlord must drop the eviction proceedings. If your landlord accepts rent from you even after the three days, then he gives up his right to evict or end the agreement during that rent period. (F.S. 83.56(3),(45)) \n\n2. Violating the Rules\nThis means violating either your lease agreement or the Landlord-Tenant Act. \n\nThe Act divides tenant breaches into two categories, curable and noncurable. (Curable means that the tenant gets a chance to solve the problem.) \n\nCurable noncompliances include: unauthorized pets, unauthorized guests, and not keeping the dwelling sanitary. \n\nIn the case of a curable condition, your landlord must give you seven days in which to fix it. However, if you commit the same noncompliance again within twelve months, your landlord may then evict you without another chance to cure. \n\nIn this situation, your landlord must leave you a notice specifying the noncompliance and explaining that unless you take care of it within seven days the lease will end. (F.S. 83.56(2b)) \n\nNoncurable noncompliances include: Intentional misuse of the landlord's or other tenants' property, and repeated unreasonable disturbances. In these cases, your landlord just has to leave you a note containing the seven-day notice and specifying the problem. (F.S. 83.56(2a)) \n\n3. Abandonment\nA third legal justification for eviction occurs when the tenant leaves the dwelling for more than one half of a rental period without paying rent or giving his landlord written notice that he would be gone. (F.S. 83.59(3)(c)) \n\n\nTenant's Defenses\nIf these apply, you can use them to defend yourself against an eviction: \n\n1. Improper notice: If your landlord didn't give you three days notice before evicting you for not paying rent. (F.S. 83.56(3)) \n\n2. Acceptance of rent payment: If your landlord accepted rent from you while knowing that you were in noncompliance with the lease agreement. By doing that he gave up his right to evict you during that rent period. The same is true if a tenant pays rent with actual knowledge of a landlord's noncompliance. (F.S. 83.56(5)) \n\n3. Breach by landlord: If you can show the court that your landlord breached (F.S. 83.51(1)), (see chapter 4) and that you gave him seven days notice about it, then you will not owe the rent. However, you will still have to pay that rent to the court during any legal proceedings. \n\n4. Retaliation: Your landlord may not evict you as a retaliation for organizing tenants or filing legitimate complaints. However, just because you filed complaints doesn't mean that he can't evict you. You have to prove that he evicted you for complaining. (Your landlord also can't penalize you in other ways for being a squeaky wheel. He can't raise your rent, make unreasonable requests to inspect your place, or in any other way treat you differently from other tenants.) (F.S. 83.64) \n\n5. No noncompliance: If you go to court and prove that you did not commit the alleged noncompliance, then your landlord cannot evict. \n\n\nEviction Proceedings\nFlorida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order. The only exception to this is if you have legally abandoned your place. (F.S. 83.59) \n\nThis is what happens during an eviction: \n\n1. Tenant's notice of problem: In order to be able to defend yourself, you must already have given your landlord a notice saying you i
637657
If you have a lease with the tenant then no cause they paid the rent but you are allowed to impose a late fee. You can start eviction papers again if they go late but then all they have to do is pay the rent and they are fine, what I would sugeest is the next time they are late is you file for eviction go to court and ask the judge to ammend the lease to state if tennant is late again that they will freely leave.
513379
You already have two good answers that are correct.  I'm a landlord, too, and I agree with them both.  I would just add this:  it's good to be apologetic "I really am so sorry..." but don't be ashamed or frightened.  Your landlord doesn't want to evict you.  It's expensive and a hassle for him to do so; it takes a long time, requires court appearances by him or his lawyer, and after it's done, he has to go find a new tenant.  If you've been paying regularly all along, he wants to keep you as a tenant.  So explain what happened in brief but precise terms, tell him you have documentation of it if you do (receipts or whatever), tell him exactly when and how you will pay (from my next paycheck which I'll get on the 17th...) and he'll be quite content.  If he's half decent, he'll won't even ask for the late fee.
209050
Your rights and responsibilities as a landlord vary by location.  Most states in the US provide that you can send your tenant a 3 or 5 day written notice to pay the rent or vacate the premises.  If the tenant hasn't paid or vacated within that time period then you can file a lawsuit for eviction.\n\nGo to http://realestate.findlaw.com/landlord and read about your rights in general.  Then click on the Resources link to get the specifics for your state.
496803
Wow, what a strange situation.\nIn general, landlords MAY NOT engage in "self-help" (i.e. throwing your stuff out the door) when a residential tenant fails to pay rent.  Assuming that your lady actually has rights to sub-lease the property to you, her only action would be to file an eviction / unlawful detainer action, with notice to you to cure the rent deficiency. Failure to do so gives you a cause of action  against her, especially if you incurred any damage to your property, etc.\nBut this situation is complicated by the fact that (a) you're a roommate and not just a tenant, (b) she is clearly nuts, and (c) she may or may not have the ability to lease / sublease the place to you anyway.  \nSince it doesn't sound like you have a written lease, but rather a week-to-week lease, it's certainly best if you get out of there ASAP.  (I know that's kind of a bummer, since you probably are getting a good deal.) \nThese landlord / tenant disputes are one of the areas of expertise of Legal Aid -- they can usually help you if you cannot afford an attorney.  Good luck.
559356
Signing a lease a month or more in advance really isn't unusual.  If it were me, I would talk to this guy and see if he couldn't be flexible about how much of the deposit you put down.  In my experience, rental companies have required me to sign the lease as soon as I have made my decision and put down half of the deposit, but I have had until the move-in day to pay the rest of the deposit & first month's rent.  Really, it's up to the landlord or rental company, but he may be willing to work with you.  Especially because if you do sign the lease now, it's still a legal contract that says that you are obligated to pay him, even if you're not paying immediately.  It's worth a shot!
275138
you can enter the apartment address into your local property tax website and get the owners name.  Or, contact your old landlord and see what the deal is.  To protect yourself you could put your rent money in an esscrow account and not touch it.  This shows your good faith, that you were setting aside the money, so they can't come back and say you were at fault. \n\nIt's strange the new owner hasn't contacted you.
191434
Talk to the manager at your local bank branch.  Explain the situation and they may be able to waive the overdraft fees for you and will be able to explain to you exactly what you need to do to set things straight.\n\nThen talk to your landlord.  Explain the situation.  Offer to pay as much of your rent as possible now less the amount that you need to add to your bank account.  And then offer to pay the rest as quickly as you can.\n\nAs long as you show an effort to both of these people that you are trying to make things right and taking responsibility, there's a good chance that one or both will do what they can to help you out.  \n\nGood luck.  And watch that bank balance like a hawk next time.
360389
you should ask for a receipt because the deposit wouldn't explain that it is a pay for your rent. Get a written receipt just in case you need in the future. It's always safe to be sure...
6219
Landlord-tenant legislation in the US is governed by state law.  You need to post the state and country that you are talking about because they are all different.  \n\nIF YOU ARE ON A LONG-TERM LEASE:\nIn most states, the landlord is permitted to charge you for the entire lease period, except if the lanlord or an agent of the landlord accepts your move-out notice, which it appears that he did, because he didn't contact you that it was rejected, he advertisted it as available on 12/15, and he accepted your keys.  So, in that case you should be of the hook on the date mentioned in the notice.\n\nIF YOU ARE ON MONTH-TO-MONTH:\nIf you are on a month-to-month lease, most leases&#92;state laws say that that you are required to give at least 20 days written notice prior to the beginning of the next calendar month or the lease renews itself. \n\nSo technically by giving your notice on 11/16 you are freeing yourself from a month-to-month lease as of 1/1.  However if your notice said you would remain 60 days, so the landlord could hold you liable for payment up until 1/15.  If he had your keys on 11/23 and you were on a month to month, I think it's kind of jerky to charge you from 1/1 to 1/15.  \n\nI don't see any way the landlord could collect from you for the period of 1/16-1/31 unless they argue that your notice was improper, or that they did not accept your notice, in which case they should have sent you a letter saying so, shouldn't have taken your keys, and shouldn't have placed an ad in the paper saying that it would be available on 12/15.  \n\nIn short, I think that you would have a tough time PROVING you're not responsible for 1/1 to 1/15, but if you were on a month to month lease you should write a very nice letter asking them not to charge you for this because you moved out in november.\n\nIf they tried to make you pay for 1/15-1/30 you are on pretty solid ground.  They would have a hard time getting a judge to agree you are liable for 1/15-1/30, due to accepting your notice and keys, and the ad in the paper.  So by not paying that I think that the only thing you risk is a bad rental history.\n\nI don't know of any requirement in any state that says the landlord has to advertise or make the apartment available.\n\nPS:  You must verify this with a lawyer before you act on this answer, which is not legal advice.
3689
Being in Real Estate...I can tell you, know your local/state landloard/tenant laws. It can take 3 months to evict a tenant in default in MN. As a tenant myself, I have taken a landloard to court and he ended up paying me 3x the amount of the deposit provided in good faith...WHY 3x the amount?...I learned the laws (and there was no internet for research in 92), and requested the judge enforce the option. Do give them a break based on payment history/trust factors. Nothing wrong w/doing that on paper either. Offer them to work some of it off: Snow shovel, lawn care, paint, ect. That may in itself prompt them to settle-up ASAP, or give you a break from those chores. Start by doing your part as a landlord first. Lead the way.
568243
First of all, you do not want to stop paying rent without being advised to do so by an attorney.  If you make that choice, your landlord has more rights to evict you.  You need to protect your renters rights.  There should be a Legal Aid office in your county.  Those attorneys do pro bono work to protect renters.  You can get legal advice and find out exactly what your rights are and learn the steps you need to take to protect them.  The attorneys there can help you file the neccessary paperwork.  Best of all, this service is free to you, or based on a sliding scale.\n\nUnder most state and local laws, landlords must offer and maintain housing that satisfies basic habitability requirements, such as adequate weatherproofing, available heat, water and electricity, and clean, sanitary, and structurally safe premises.\n\nLocal building or housing codes typically set specific standards, such as the minimum requirements for light, ventilation, and electrical wiring. Many cities require the installation of smoke detectors in residential units and specify security measures involving locks and keys.\n\nYour local building or housing authority, and health or fire department, can provide information on local housing codes and penalties for violations.\n\nIf a tenant requests repairs and the landlord or property manager doesn't meet the habitability requirements, a tenant usually has several options, depending on the state. What can be done if a landlord won't make repairs?\n\nThese options include:\n\n1. Send a letter to the landlord listing all the problems. \n2. Ask the local housing inspector to visit and verify problems. \n3. Keep a copy of the letter and inspection report. \n\nIf repairs aren't made in 14 days, you can file a court action called a rent escrow. In rent escrow, rent is paid to court instead of to the landlord. \n\nIt's not a good idea to make the repairs and deduct the cost from rent unless a court order allows you to repair and deduct. These options below will also depend on what the attorney advises as well:\n\n4. withholding the entire rent until the problem is fixed \n5. paying less rent while the rental remains substandard \n6. calling the local building inspector, who can usually order the landlord to make repairs, or \n7. moving out without responsibility for future rent, even in the middle of a lease. \n8. A tenant can also sue the landlord for a partial refund of past rent, and in some circumstances can sue for the discomfort, annoyance, and emotional distress caused by the substandard conditions.
355682
Present her another check - along w/ a prepared receipt for her signature....It's now Nov 29 - that's 28 days of late fees, ouch!!!\n\nYou can't prove that you paid and she can't prove that you didn't.\n\nYou need to pay her ALL back rent & late fees and so she has no cause to start the eviction process......AND then, you can fight to get your late fees back.\n\nOr pay her Nov rent w/ a certified letter stating why you are not paying the late fees as well......And ask that she acknowledge in writing that you owe or don't owe the fees...You can have the judge settle that dispute too!\n\nSmall claims courts are for landlord/tenant disputes....Send a demand letter to her for the return of your late fees w/in 10 business days....On the morning on the 11th Day go to Court and request a hearing date - then serve her via process server and mail\n\nDO ALL this if and only if you can prove your position....A good argument would be if you've paid previous months on time as instructed.\n\nI evicted a tenant w/out lawyers and while intimidating, the process is really tenant friendly....google your state and landlord/tenant laws and find out what your options are.....\n\nAlso, in some states, late fees can only be charged if they are "reasonable".....it's not defined in the statutes what "reasonable" is.....other states prohibit late fees if they are not specified in the lease.......FIND OUT - BE an informed tenant.