Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Can your landlord throw you out for your second month in a new apartment and being ONE day late??

My son's father is LATE paying child support. This is my 2nd month in a new apartment. If I am 1-2 days late paying rent ( I dn't see anything in my lease regarding this only 5 days late) will I get in trouble by the landlord? Could she revoke my lease?? I didn't see anything about this but am freakin' out as this is my first time on my own:(

Answer Question

Asked by Anonymous at 10:27 AM on Oct. 30, 2009 in Money & Work

Answers (10)
  • Check the terms of your lease and your local renters' rights office.

    Answer by rkoloms at 10:29 AM on Oct. 30, 2009

  • Usually it has to be at least 4 day but I would expect late charges

    Answer by drs1206 at 10:33 AM on Oct. 30, 2009

  • Usually they say it's not officially late until the 5th

    Answer by Shyma at 10:37 AM on Oct. 30, 2009

  • If your lease says you have 5 days to pay after the date rent is due, then no, your landlord cannot kick you out within that time frame. If stated in your lease, there may be a late fee after the 5 days. Usually, eviction notices are not issued until the tenant has been more than 15 days late (that's the earliest I've heard/seen on a lease).

    Answer by redmoonintexas at 10:52 AM on Oct. 30, 2009

  • BTW: It's always a sign of good faith if you notify your landlord that you will be a little late with rent rather than just showing up on whatever day - especially if you're a first time renter, and still pretty early in your lease. Your landlord may even work out a payment plan if the late fees get to be too much.

    Answer by redmoonintexas at 10:54 AM on Oct. 30, 2009

  • Why don't you just call your landlord and explain what's going on? Chances are they will work with you.

    Answer by SabrinaMBowen at 11:15 AM on Oct. 30, 2009

  • I would call your landlord first and tell them whats going on so they have a heads up. But to go thru a LEGAL eviction, you will get a notice first then it has to go thru the court system to have a judge say that yes your landlord can evict you and regain ownership of your apartment. it does take a few days to get this inthru the system. So If you are only going to be a few days late do not worry too much. They know life happens too. But call and explain and tell him/her when it will be there.

    I have worked with attorneys and also managaged aparments and had to go thru the evection process only because the tenants living there left ALOT of stuff and i could not legal claim back the apartment if i did not go thru the channels. I then owned what was left in the apartmetn and could either sell it or dispose of it properly.

    GOOD LUCK to ya.

    Answer by roxyann76 at 11:47 AM on Oct. 30, 2009

  • Just let your landlord know you'll be paying on ____ day.
    Hun... you should NOT being relying on child support payments for rent. That's not a smart move AT ALL.

    Answer by RanaAurora at 12:01 PM on Oct. 30, 2009

  • when the speed limit sign says 55, it means 55. not 56 or 57 or 58, ya know? check your lease agreement if your rent is due on the 1st then it is due on the 1st. not the 2nd or the 3rd or the 4th. and the funny thing about due dates, they don't change from month to month. it's gonna be due again next month on the 1st. not the 2nd or the 3rd.........

    Answer by jewjewbee at 1:17 PM on Oct. 30, 2009

  • I just helped my daughter get set up in her first apartment. The lease started on the 1st and states rent due by the 5th or there is a late fee. (which is usually high) I don't think a landlord would throw someone out for being late a couple days on rent but he would probably charge a late fee and if it was to become a habit of alway paying late he may not renew your lease when it is up. I would also suggest communicating with the landlord. I would not go into your personal problems (not getting child support on time) Just let him know that you will be paying the rent on such and such a date and will there be any late fees due as well. This shows responsibility. Another thing, it sounds like you should budget better. If you rely so heavily on that support check that rent can't be paid if it's late you need to look at you expenses and see what you can cut out of the budget to save money. Cable, internet, dinners out??

    Answer by sue118 at 2:10 PM on Oct. 30, 2009

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.