When financial burdens strike – it can be devastating. Not only does it affect your morale, but it can hinder your ability to pay the most necessary of bills: your rent. In an attempt to save yourself from eviction, you go down to the property manager’s office to make a partial payment. Horrifyingly, they refuse to take your late payment. Can they actually do that?
The simple answer is, yes, they can.
They are allowed to refuse payment if you cannot produce the allotted amount. If you are unable to pay the full amount owed – at the time that it is due – you cannot force them to settle and accept less than the complete balance. When you signed your lease, you entered into a legally binding contract that states you will pay said amount by said date. If you violate these terms, they have the right to begin the eviction process.
If you are able to pay the balance in full, you will need to do so to avoid facing eviction. In some states, especially if you have a track record of late payments or bounced checks, the landlord and/or property management company can still pursue an eviction – even after the outstanding payment is paid – due to a violation of the lease terms. It is best to speak to the landlord directly to determine what course of action they will be taking regarding the late payment.
Reading over your copy of the lease may help answer any questions you have about what comes next. If you cannot find the answers in the pages, consulting a lawyer with experience in this area would be another avenue to explore.
Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.