Is there a provision in the lease, as in most, that the rent is due the first but not late until the 5th? She should contact the prior owner and get something in writing that he had agreed she could pay on the 5th because that was when the Social Security payments came in; point out that that is not a subsequent oral agreement that modifies the written lease so barred by the parole evidence rule as the prior landlord accepted the change by his actions. The new owner is subject to the terms of the prior lease unless they give proper notice [30 days] to the tenant that there are new terms. A tenant must made a clear offer to pay and if the landlord refuses to accept, the actual payment of rent is not required [otherwise, a landlord could just return any tenants check for the rent and say the tenant is late]. When you say the rent is stabilized, do you mean by contract with Section 8 or a local rent control law. If the latter, you have to find out what the provisions are for evicting a tenant, as many cities forbid eviction just to be able to raise the rent. A three day notice must be personally served on you, or if you are not there when they try to serve you, the notice must be posted on the door or other visible area and a copy mailed to you.The problem with arguing that is that it becomes the server's word against your word and the judge has to decide whom to believe. Communicate to the owner all of your arguments and information, but if there is no local rent control law, he will just try to start the process over again and give a 60 day notice of termination of the lease.
Answered on Sep 05th, 2017 at 4:29 AM