How to fight a notice to vacate under TAA Contract

[crowak]

I signed my lease in July 11, 2009 for 13 months. I can't pay my rent until the 15h of this month due to medical issues which caused me to miss work and resulted in docked pay.
I spoke with the property manager via email and was told that if payment was not made by the 12th; they will seek appropriate legal action before the Justice of the Peace on the 13th.
During this month there has been on going disturbing construction, the garage gate has been broken, a faulty evacuation alarm sounded during a snow storm from 11:30PM till 2:00AM, causing me to have to relocate in icy conditions to a hotel.
I would like to continue to live at the apartment and am able to pay rent and late charges on the15th.
Can I request a negotiation of my lease adding more months in place of this month's rent?
Is there any way to find out the current occupancy so that I may have more luck lengthening my lease agreement?
If they do not allow me to do this, should I legally fight the eviction and under what circumstances?
If that is not possible, what can I expect from the eviction?
Please Help!!!!
Amy

 

[army judge]

A notice to vacate is not an eviction order.

It is just piece of paper from the landlord saying he wants you gone.

Just hold on to your rent payments.

Don't spend one red cent of it.

It make take a few more weeks.

Wait.

You'll get the summons from the court.

Go to court and take all rent monies and fees that are owed.

The judge will ask you if you can pay the rent.

You say yes, your honor, here it is.

That is curing the default.

You are allowed to cure the default, you will not be evicted.

But, you must have every penny owed.

No deals, every penny, ready to pay and be given a receipt.

In the meantime, do not move.

That is considered abandonment and you'll definitely be evicted.

Do what I said and you can stay in the unit until you're ready to move!!!


Sent from my iPhone using Tapatalk

 

[crowak]

Thank you thank you thank you!!!!

 

[jacksgal]

I disagree. If rent is due on 1st and late on 5th and you do not pay you are in breach of contract (lease). If there is a breach the landlord can then send you the "notice to vacate" if you fail to vacate eviction process can be started

 

[army judge]

I disagree. If rent is due on 1st and late on 5th and you do not pay you are in breach of contract (lease). If there is a breach the landlord can then send you the "notice to vacate" if you fail to vacate eviction process can be started

That didn't disagree with what I said.

It completely misrepresented my legal advice.

First of all, you've drawn a legal conclusion when you use the term breach.

It isn't a breach until the court rules it to be a breach.

It is an alleged breach.

In the case of a lease, it is called a default.

A notice to vacate can't effect an eviction.

A notice to vacate has no force of law.

It is a mere piece of paper that portends the possibility of an eviction action or proceeding.

If it ever gets to court for non-payment of the rent, an opportunity to cure the default is afforded to the tenant.

Should the tenant have the funds and offers FULL payment (for all fees and rents due); the default can be cured.

If payment is made in open court, the tenant can not be evicted, and the landlord must accept the payment.

No eviction could then go forth.

Disagree all you want, its the law!

That is exactly how it works.

That is precisely what I told the OP.

The rent doesn't have to be paid by any date certain to avoid an eviction.

You can default every month and cure every month.

You might not get a chance to renew, but you sure can't be evicted.

 

[jharris352]

Jacks, Army's right. Most states have a cure provision for past due rent. You can only exercise it once in a 12 month period here in GA. You have to be careful to make sure you have the rent, the late fee, and any legal costs. Here in GA when you file your answer you are suppose to tender the money to the registry of the court. In practice the court will allow it to be paid at the hearing.