Wrongfully eviction !! Help please!! Anyone dealt with this before??

Question

I woke up this morning to an eviction notice from a sheriff's deputy for unpaid rent for this month.. we paid rent late and had to pay a late fee.. they stamped our receipts and everything.. my question is how can I fight this? because this isn't the 1st time we have been accused of not paying rent by them.. Not to mention we haven't been here 6months yet.. paid 1300 on the 18 and now this!! What to do??????

Answer

Your landlord sounds like a dick. I'd call whoever left the notice and ask them who to call (like a lawyer, different department, small claims court, or something).

Also, tbh, I'd probably look for someplace new to live. If it goes to small claims court (which I'm not 100% sure where a case like this would go through), and you have proof they've accepted all payments and everything, then I'm sure the judge would have no issue allowing you to break your lease (assuming you signed one) and getting your security deposit back.

Good luck!!

Answer

Have you talked to your landlord? Maybe he did all that paper work before you paid him.

Answer

You should get a court date, I would look over your lease very carefully to make sure there's no clause that they can evict you over late rent. Also have every receipt ready

Answer

Provide proof you don't owe anything and then it will be settled...

Answer

They can evict you if you payed late if it's stated in your lease that you have to pay by a certain date. I believe the grace period is only 5 days before it's considered late (depending on laws in your state). You're in violation of your lease and the courts will most likely allow the eviction. You can try presenting your paid receipts but since the payments were late, it might not matter. Maybe you can talk to your landlord and see if he'll work with you. It's worth a shot.

Answer

You said you're in Dekalb County? Is that Georgia by chance? Are you in a gentrifying area? 
If there's no contact information for the notice are you SURE the sheriff gave it to you or do you just think they did

Answer

Look at the lease rules for late payment. I owne a property and I think we have it put in there that any late payment is "grounds for eviction" and the grace period is 5 days.

Answer

You have been late paying twice? What does your lease say about paying late?

Answer

Ummm... isnt it 2or 3 months no payment before they can evict? At least i know its like that in my area

Answer

How many days late were you? And how many times have they said you've been late in the past?
Normally the landlord and tenant laws are generally the same nationally, but depending on the state where you live, you could be subject to eviction according to what your lease agreement says. 
Normally, if you're five days late, even if you pay them after five days, then you are absolutely subject to eviction. Five days is the typical timeline. But it also depends on where you live, or what your lease says. I would have them show you the guidelines stated on your lease about paying late and eviction. Tell them you'd like to see something in writing about that.
Another possibility is they allow you to be late once or twice, but after that, you're out. Again, read your lease agreement!
I live in Arizona, the law is five days late. BUT I've lived in apartments where we weren't even allowed to be a single day late or we'd receive a late fee. And that was our warning. 
(I'm a licensed real estate agent, so I'm familiar with the laws)

Wrongfully eviction !! Help please!! Anyone dealt with this before??

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