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Posted by dennis on October 05, 2001 at 00:38:27:

In Reply to: Late Rent and Eviction posted by tenant on October 04, 2001 at 14:04:13:

: I mailed the rent check to LL more than 10 days ahead of due date (PO Box address). On 5th day I inquired and found that he did not receive it. Requested him to accept it personally but he advised to send it by mail again.
: Sent it but it did not reach. On 8th day (2 days prior to due date), I faxed a letter stating that he let me know the time and place where I can hand him over another check in person.
: Did not reply.
: Now , he is bringing eviction notice since I have not paid rent.
: I guess he received the checks but did not place to his bank delibaretly since I had some problems with him over some repair issues and now he want to evict me.
: What are my chances of winning if I fight the eviction ? I have copy of Fax report showing date/time of sending Fax.
: It is not a renat regulated apartment.

what does the 'eviction notice' say? it is probably a notice to 'pay or quit', which means, if you pay the rent it goes away. assuming your landlord does not want to accept rent from you, you should send your rent check to the address you normally send it to, returnreceipt requested. if it comes back to you unclaimed, keep all the paperwork, because that is your defense in a non-payment issue, you TRIED to pay rent, if he does not accept it, that is another story.
do you have a lease? maybe the landlord is just not renewing
your lease, which is another story.

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Comments:
: : I mailed the rent check to LL more than 10 days ahead of due date (PO Box address). On 5th day I inquired and found that he did not receive it. Requested him to accept it personally but he advised to send it by mail again.
: : Sent it   but it did not reach. On 8th day (2 days prior to due date), I faxed a letter stating that he let me know the time and place where I can hand him over another check in person.
: : Did not reply.
: : Now , he is bringing eviction notice since I have not paid rent.
: : I guess he received the checks but did not place to his bank delibaretly   since I had some problems with him over some repair issues and now he want to evict me.
: : What are my chances of winning if I fight the eviction ? I have copy of Fax report showing date/time of sending Fax.
: : It is not a renat regulated apartment.

: what does the 'eviction notice' say? it is probably a notice to 'pay or quit', which means, if you pay the rent it goes away. assuming your landlord does not want to accept rent from you, you should send your rent check to the address you normally send it to, returnreceipt requested. if it comes back to you unclaimed, keep all the paperwork, because that is your defense in a non-payment issue, you TRIED to pay rent, if he does not accept it, that is another story.
: do you have a lease? maybe the landlord is just not renewing 
: your lease, which is another story. 
:  


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