What are the tenants’ rights regarding late payments? 10 Answers as of March 13, 2014

I am a tenant with a 12 have month contract. I have abided by all rules and regulations and paid my rent every month. I have been late on my rent by 2 days 3 times now and my landlord has advise me that she would like me to move out because I am stressing her out. is that legal? I do not want to move and I didn't think that a landlord could just terminate a contract without reason.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Meyer & Yee, LLP | Michael Yee
With any type of landlord tenant dispute, always the starting point is looking at the lease signed by all the parties. In the lease agreement, it should spell out the rights the landlord has to terminate the lease agreement you signed. If it is a typical lease agreement, a landlord would not have the ability to terminate a lease agreement based solely on the fact that you are stressing her out. Also, evicting a tenant in California is very tough, especially if it is not for a legitimate reason. You stated that you have a 12 month lease agreement. I would be interested to know how many months you have been staying at the property. If you are near the end of the lease, I would recommend starting to look for a new location and working out a deal with the landlord to have them pay you some money to move as it will not be worth it dealing with a stressed out landlord for a long period of time.
Answer Applies to: California
Replied: 3/13/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
She can't evict you if you are now current, but next time you are late expect a 3 day notice to quit or pay. If you do not pay in the 3 day window (which is business days) expect to be served eviction papers. She doesn't have to accept late rent after that and can evict you.
Answer Applies to: California
Replied: 3/12/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You need to look at the terms of the lease. Generally, although it may not be in yours, there is a 5-day grace period for rent payments. If you are late more than that, you will have to pay a late-payment fee. So, if you have a one-year lease, you can stay for one year. Tell her that you plan on staying for the entire year and if she wants you to leave at the end of that year, she needs to give you the appropriate written notice. She cannot evict you if you have been complying with the terms of the lease.
Answer Applies to: Idaho
Replied: 3/12/2014
WEISSMAN LAW FIRM | I.Donald Weissman
IF the payments, while late, are within the terms of the lease agreement, you are alright. Being "stressed out" is not grounds for an eviction.
Answer Applies to: California
Replied: 3/12/2014
Dion & Forsyth, P.A.
Dion & Forsyth, P.A. | Douglas W. Forsyth, Esq.
No, especially if the landlord has accepted your rent payments. Most leases have a clause for late fees. Their only recourse is to make a demand for the late fee but otherwise they have no cause for an eviction.
Answer Applies to: Florida
Replied: 3/12/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I have to see the contract, but if you were late you breached.
    Answer Applies to: Michigan
    Replied: 3/11/2014
    MatthewR. Schutz, Esq | Matthew R. Schutz
    Your lease controls. Generally most leases have a 5 day grace period. In NJ you may have a statutory right to a grace period depending on circumstances. Furthermore unless you live in an owner occupied 3 unit or less building you are protected by the anti eviction act. The LL has to renew unless there is a basis under the statute not to. Self help evictions are illegal and no matter what type of LL you are dealing with, they have to go through the court process.
    Answer Applies to: New Jersey
    Replied: 3/11/2014
    Harper Law Offices, Inc. P.S.
    Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
    If your lease is unexpired, then the only way your landlord can terminate your lease is if you fail to pay rent and you fail to move out or pay after receiving a 3-day notice, or you violate another material term of the lease and fail to comply or vacate after being given a 10-day notice. Otherwise, you cannot have your lease terminated until it expired. If the landlord does not choose to renew the lease, or decides not to let you hold over, without any further notice, you must vacate by the end of the lease term.
    Answer Applies to: Washington
    Replied: 3/11/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    A landlord can terminate your rental agreement with a 30 day notice without cause unless there are other terms in the contract or local codes that say otherwise.
    Answer Applies to: California
    Replied: 3/11/2014
Click to View More Answers: