Is it legal to evict a tenant due to not paying a late fee if they have never missed a rent payment?
Last week I received a notice in the mail that April and June were late and I owed $100 in late fees. No one tried to call me. After investigating, it appeared it was my bank that made the error and sent my payment late so I added the $100 on top of my July rent, which was already sent but my landlord wouldn't have received it yet. I received a notice on my door that I have 25 days to move out due to non-payment of my $100 in late fees. First, is that legal? Second, if they cash the check for my July rent and the late fee, can they still require me to move out in 25 days?
Technically speaking, a landlord can indeed evict for non-payment of rent or "added rent" as some leases call it - which a late fee is most often termed. If, however, the fee has been paid and the landlord has cashed the check then the landlord has no standing to bring an eviction proceeding against you. Furthermore, I have never heard of any state having a 25 day notice for anything so what ever you were served with I would doubt its validity. Take the documents to someone to review should this matter go any further. The law in L&T cases is very particular as to procedure. If you do it wrong you are out! Good luck.