I have rented from the same landlord for the last 3 years. I am currently on my third 12 month lease with the same LL that will end on August 23rd. LL has filed an eviction action in forcible entry and detainer. The summons for the hearing says it is for civil action-money only. It is for rent owed for the months of July and August +$370 in late fees. The thing is throughout my entire time renting from this LL I have only paid my rent on time only a couple of times. We developed a relationship, and he allowed me to pay rent late, sometimes months at a time, year after year. I tried to offer him half of the rent a month ago and he would not accept it. After three years my late rent is a serious problem at the very end of this lease? Do I have a defense here? What are my options?
Family Law Attorney
Jeez, you might have a waiver defense if you can prove that the landlord continuously accepted late rent. However, you are two months behind and have racked up significant late fees. I wouldn't want to renew my lease with you if I were in his shoes. He's probably sick of the late rent and might even have another tenant who he wants to replace you with.
You do not want an eviction on your record. It will likely prevent you from being able to rent another apartment from most reputable landlords and nearly all major landlords check your rental record. You might consider offering to make payments to him AND move out willingly on the 23rd in exchange for him dismissing his action against you.