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  • Break lease or terminate early

    Can I legally be released from my rental lease if I am being harassed about rent every month. My rent is due on the 1st of every month and I have until the 5 to pay it before I incur a late fee on the 6th. At the beginning of every month I am harassed about rent until I can pay it. I've never had this problem until I moved to this new place. I am in North Carolina and this is a privately owned property.

  • #2
    Re: Break lease or terminate early

    Describe what you believe is this harassment.

    One of the problems many landlords/management face with having late fees is that many tenants tend to forget when their rent is actually due. Rent is DUE on the 1st, not the 5th. Because of this many landlords simply skip the late fee business and begin the process of eviction the day after rent is due (which would the be the second day of the month).

    Gail

    Comment


    • #3
      I understand when rent is due but I receive constant text messages from her even after I tell her when it will be paid. She threatens to file for eviction every month. If she is going to do it then just do it. I wish she would stop tryin to bullying me. I can only pay when I have the money. We have been here 5 months and have been trying to get caught up some bills and I cannot control if the rent is paid on the fourth or even a couple days after that. I live paycheck to paycheck. Shouldn't she just be filing the paperwork. I can see her call and asking about rent after the 1st but beyond that call when I tell her the day I can pay it, I dont see what more she intends for me to do.

      Comment


      • #4
        Re: Break lease or terminate early

        i suggest you resolve this by paying your rent when it is due, not when you decide you want to. Your inability to meet the timelines imposed by the contract you signed is not the landlords problem. I doubt a judge is going to favorably view you not paying your bills as a reason to allow you out of them.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Break lease or terminate early

          Originally posted by EricGene View Post
          Can I legally be released from my rental lease if I am being harassed about rent every month. My rent is due on the 1st of every month and I have until the 5 to pay it before I incur a late fee on the 6th. At the beginning of every month I am harassed about rent until I can pay it. I've never had this problem until I moved to this new place. I am in North Carolina and this is a privately owned property.
          Really? You are consistently paying your rent late, and are annoyed that the LL keeps asking for rent until you finally get around to paying? That just comes with the territory.

          Rent is due on the 1st, late on the 2nd. While you may have a grace period before late fees are incurred, it does not relieve you of your obligation to pay on time. People who routinely use the grace periods don't get any special privileges over those that pay even layer.

          So, because you are having trouble following the terms of your lease, you suddenly want to be relieved of the obligation? It doesn't work that way. If you WANT the LL to stop hassling you about the rent, then pay it ON TIME.
          "If it ain't in writing, it never happened."
          "A lack of planning on your part does not constitute an emergency on my part."
          "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

          Comment


          • #6
            Re: Break lease or terminate early

            I have a new question. I do have the grace period through the 5th as you know. I paid my rent in full yesterday at 7 pm. Now my lease does not specify a time at which rent needs to be paid nor does it say it has to be a business day. I have paid after 5 pm previously without any problems. When I paid my rent they served me with a demand for rent paper saying I owed them rent plus the late fee or I will be evicted. Am I liable for the late fee based off the previous transactions we have had together and my lease not stating 5 pm as a cutoff time for the day to pay rent?

            Comment


            • #7
              Re: Break lease or terminate early

              Sounds like your landlord is using business hours as the cutoff.

              Gail

              Comment


              • #8
                Re: Break lease or terminate early

                How did you pay your rent after the rental office was closed? If you simply put it into a rent drop, it will be considered late as it is the next days business. If you physically put it into the landlords hand, it would be considered timely. If there is really any way at all you can "get ahead" of the game, by one paycheck, so you are paying on the 1st, you will establish a good track record for future rentals. I am not trying to be rude, but even if you can work a temp job on Sat for a few weeks to accomplish this, it would be in your best interests.



                (Please understand we are not trying to make you feel subconscious about living paycheck to paycheck. I will freely confess to having illegally lived in the basement of someones section 8 housing for a few weeks a long time ago, because I had no money and no place to go.)
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  The money was placed into their hand. I do not rent from a rental agency or office. My home is a privately owed house. They made an appointment to come to my home at 7 the night of the 5th to do an inspection(I think to look for a reason to get rid of me) and I paid them when they arrived. Thy did not inform me I would have a late fee until after they accepted my initial payment. That's when I was presented with the demand for rent, with the late fee. Although I have been late with rent I feel as though I am being taken advantage of. Side note: as I said before I have paid rent after 5pm and on the weekends before.. In 5 months this is he first time it has been a problem.

                  Comment


                  • #10
                    Re: Break lease or terminate early

                    It would appear that your landlords are tired of waiting around hoping for the rent, having become angry about your failure to pay rent when due and are now demanding late fees. You are not the one who has felt being taken advantage of.

                    From a landlords viewpoint, they are hoping this requirement for late fees will impart to you the important of PAYING YOUR RENT WHEN DUE (the 1st of the month).

                    Frankly, it was not up to them to hunt you down for this rent money. Next month they may begin the actual process of eviction. This is something you seem rather casual about; however, keep in mind that an eviction on your record can have far reaching credit consequences.

                    Gail

                    Comment


                    • #11
                      Re: Break lease or terminate early

                      Your paying the rent within the penalty free period is debatable. It was certainly not a willful action. I could see a judge ruling either way.
                      Due to a recent promotion, I should now be referred to as Major Obvious.

                      I would not be trying to provide information and knowledge if I did not sympathize.

                      Some days it is just not worth chewing through the restraints to face life.

                      Comment


                      • #12
                        Re: Break lease or terminate early

                        Originally posted by EricGene View Post
                        Can I legally be released from my rental lease if I am being harassed about rent every month. My rent is due on the 1st of every month and I have until the 5 to pay it before I incur a late fee on the 6th. At the beginning of every month I am harassed about rent until I can pay it. I've never had this problem until I moved to this new place. I am in North Carolina and this is a privately owned property.
                        It's DUE on the FIRST. She wants it on the FIRST. The other days are a grace period, which she does NOT have to grant.

                        PAY HER ON THE FIRST.

                        Oh yeah, how about PAYING your RENT when it is DUE and not waiting until the last "day" of the grace period?

                        You're likely to find yourself out of a place once your lease is up for renewal if your behavior continues. You're a problematic tenant.

                        Comment

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