The Aronoff Law Blog

Legal Updates From Robert C. Aronoff

CHANGES IN NOTICES TO PAY RENT

Before someone can be evicted for the failure to pay rent, he or she must be given a Notice to Pay or Quit.   Unless the lease or rental agreement provides otherwise, the tenant has 3 days to pay the rent after the notice is served.  The law relating to these notices to pay rent or quit has been changed effective January 1, 2002.  The failure to have a person to whom rent can be paid in person, could cause delay in the landlord receiving the rent.

The notice now must contain the name, telephone and address of the person to whom rent shall be made.  It must state whether payment may be made personally, and if so, the usual days and hours that person will be available to receive payment.  If an electronic funds transfer procedure has been previously established between the landlord and the tenant, the notice may require payment to be made pursuant to that procedure within the required time.

If electronic payments have not been established and the notice and address do not allow for personal delivery of the rent money, then it shall be conclusively presumed that upon mailing the rent to the address on the notice to pay rent or quit, it will have been received by the landlord.  The tenant must be able to show proof of mailing within the time provided in the notice.

  • Share/Bookmark

January 17th, 2002 Posted by aronofflaw | Landlord Tenant | no comments