QUESTION
Is there a grace period before being evicted?
Asked on Sep 05th, 2012 on Landlord and Tenant Law - New York
More details to this question:
I recently lost my job and I filed for unemployment. I have part of my rent and if I explain the situation to them, they will not put me out?
12 ANSWERS
Kevin Elliott Parks
In Oregon there is somewhat of a grace period. If a landlord is trying to evict you, they must wait a requisite amount of time after rent becomes due and then provide you with a written notice of nonpayment. The notice must include a 72 hour (or 144 hour, depending on when it's given) grace period during which you ,ust pay your full rent. If you do not do so by the expiration time and date written on the notice, however, they then can proceed to file an eviction proceeding with the court. A landlord is not necessarily required to work out a payment installment agreement with you, however, though some landlords often do so.
Answered on Sep 13th, 2012 at 1:22 PM
There is no "grace period," except that a landlord cannot file an eviction action until the landlord has served the tenant with a 5-Day Notice to Pay or Quit and the five days have expired. Depending on how you define "grace period," the five days may be considered a "grace period." The landlord may serve the notice on the first day that rent is overdue. If rent is due on the first of the month, then the landlord can serve the notice on the second day of the month, but the landlord has the discretion to wait several days before serving the notice. The landlord may also elect to accept a partial payment, but a landlord is not required to accept a partial payment. Loss of employment is not a legal defense in an eviction action. My recommendation is to tell the landlord your situation and see if they will accept a partial payment.
Answered on Sep 13th, 2012 at 1:21 PM
Lisa Hurtado McDonnell
Once you fail to fully pay your rent the landlord can give you a three day notice to pay or vacate. You have three working days to comply. You don't count the day it is served and the weekends or legal holidays. If you do not move or comply the you will be served a court ordered three days to pay or vacate. You must be personally served, if you don't comply you can ask for a hearing but if you lose you will have to pay three times the amount of rent you owe plus attorney fees and court costs. You won't know until you ask them, tell you can pay half of your rent now and the balance when you get your first unemployment check( you should find out when your for check will arrive) If you can't pay it all see if you can make weekly payments.
Answered on Sep 13th, 2012 at 1:20 PM
Dennis P. Mikko
There is no grace period provided by law. If you do not pay your rent, they could start evictions proceedings.
Answered on Sep 13th, 2012 at 1:20 PM
Leonard A. Kaanta
No, rent is due on the date set in the contract.
Answered on Sep 13th, 2012 at 1:19 PM
Legally, there is no grace period for an eviction other than the standard notice periods (30 days' written notice, the time it takes for a court hearing, etc.). However, it is my experience that most people- including landlords- are decent enough folk, and if you are honest and communicate your situation and discuss either: 1) a feasible plan to bring the rent current or; 2) a plan for you to leave the home voluntarily so that eviction won't be necessary, you should be able to figure out your situation without being rushed.
Answered on Sep 13th, 2012 at 1:19 PM
Unless otherwise stated in a written lease agreement, there is no grace period but notice of eviction for non-payment of rent must be given 7 days before landlord may start an eviction case. A landlord who accepts partial payment may be denied a judgment until the next rent payment is due. If you appear in court for an eviction case without an attorney, your hearing may be postponed for another 7 days or more before the judge could grant a judgment after which you would be given 10 days to pay the full rent due and court costs before the landlord could seek an eviction order.
Answered on Sep 13th, 2012 at 1:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your obligation is to pay the rent in full when due. It does not depend on your circumstances. Ask for consideration and be thankful for any given.
Answered on Sep 13th, 2012 at 1:18 PM
It is entirely up to the landlord whether or not they will give you additional time. You should by all means talk to them and see if you can work something out. However, be advised they are under no legal obligation to do so.
Answered on Sep 13th, 2012 at 1:18 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No - no grace period
Answered on Sep 13th, 2012 at 1:17 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It's up to your landlord.
Answered on Sep 13th, 2012 at 1:17 PM
Construction Attorney serving Bloomfield Hills, MI
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Law Offices of Jeffrey Z. Dworin
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You have ten days after the judgment to pay the amount owed and obtain possession. Some courts will extend it to the next business day if the tenth day is falls on a weekend.
Answered on Sep 13th, 2012 at 1:17 PM