Section 42 Lease

[ktroncat]

What is the name of your state?What is the name of your state?Indiana

I originally got this apartment because I was on unemployment while waiting for my appeal for disability to be settled. My unemployment has run out, the appeal is not yet settled and the only income I have is from the Township Trustees office in the form of vouchers for the rent.

1.) I am being evicted because the vouchers do not cover the entire rent. (Out by May 11)
2). The lease I have is a section 42 lease.
3). I signed a new lease in Dec 2004, back dated to Nov 2004.
4). At the time I signed the lease, the management had received vouchers for both months.
5). The landlord says according to the lease that they WILL NOT ACCEPT partial rent
payments.
6). They have been cashing in the vouchers every month.

My question is, since the management has been cashing in the vouchers, which will include the one I will give them this month, is that a breach on contract on their part and/or is it a tact agreement on their part to accept the amount of the vouchers as acceptable rent for the apartment.

 

[treese]

Had you been paying the remaining rent (that the vouchers did not cover) up until your unemployment ran out?

 

[south]

You can be evicted you are short on your rent each month, if your rent is for example $600 a month and landlord cashes a $500 voucher that does not mean he accepts that as the full rent, you are short and behind on your rent payments.

What is the name of your state?What is the name of your state?Indiana

I originally got this apartment because I was on unemployment while waiting for my appeal for disability to be settled. My unemployment has run out, the appeal is not yet settled and the only income I have is from the Township Trustees office in the form of vouchers for the rent.

1.) I am being evicted because the vouchers do not cover the entire rent. (Out by May 11)
2). The lease I have is a section 42 lease.
3). I signed a new lease in Dec 2004, back dated to Nov 2004.
4). At the time I signed the lease, the management had received vouchers for both months.
5). The landlord says according to the lease that they WILL NOT ACCEPT partial rent
payments.
6). They have been cashing in the vouchers every month.

My question is, since the management has been cashing in the vouchers, which will include the one I will give them this month, is that a breach on contract on their part and/or is it a tact agreement on their part to accept the amount of the vouchers as acceptable rent for the apartment.

 

[Who's Liable?]

You can be evicted you are short on your rent each month, if your rent is for example $600 a month and landlord cashes a $500 voucher that does not mean he accepts that as the full rent, you are short and behind on your rent payments.

You are wrong.

If the LL has been previously accepting partial payment every month, then they must continue to do so unless they send you a notice(30-days in most states) stating they will be refusing partial payment. They cannot break their own rules for several months and then demand you comply with it the next.

 

[south]

Did the landlord ask where the rest is or did he just smile and say thanks for short changing me each month?

Did the landlord ever mention rent was short?

Even if the landlord was accepting partial the landlord is calling his chips in he wants the rent owed so far, its not like the tenant paid him some on the 5th and the rest on the 10th, the tenant is simply not paying the balance before the next rent cycle

You are wrong.

If the LL has been previously accepting partial payment every month, then they must continue to do so unless they send you a notice(30-days in most states) stating they will be refusing partial payment. They cannot break their own rules for several months and then demand you comply with it the next.

 

[ktroncat]

Had you been paying the remaining rent (that the vouchers did not cover) up until your unemployment ran out?

I was paying full rent until unemployment ran out, without vouchers. I only started with the vouchers when I had no way of paying the full rent amount.

 

[south]

You still owe a balance on your rent, the landlord may have accepted partial payment this does not mean he is forgiving the balance and reducing your rent.

You are simply behind on your rent and the landlord can serve you pay or quit for the balance of rent owed regardless of what Who's Liable? states.

It sounds like landlord was trying to help you out do you think you should try and penalize him for that?

I was paying full rent until unemployment ran out, without vouchers. I only started with the vouchers when I had no way of paying the full rent amount.

 

[Who's Liable?]

I think you are misunderstanding what I am saying...

IF the LL accepted partial payment for several months, he(LL) MUST continue to accept partial payments UP UNTIL he NOTIFIES the tenant that he refuses to accept partial payments. "partial payments" meaning paying less then the full amount on the day rent is due and paying the remainder before the next billing cycle. IF the LL is doing this, then he MUST continue to do so until he notifies the tenant.

For arguments sake, numbers are made up. If in this case the OP is paying $200 of the $500 that is normally due on the pay period, then two weeks down the road is paying the remaining $300.00 In this case, the LL must follow the above.

If the OP is saying the LL is only getting paid the $200 via voucher, and that is all, then yes, he must pay the rest or it is legal grounds for termination.

 

[south]

Yep...Agreed... That is what I have been saying, yes the LL has been taking partials but big BUT the op (tenant) owes a balance the landlord can request it be paid in full or quit the premises.

The tenant is behind on his rent anyway the tenant looks at it, the landlord can notify him at anytime by way of a pay or quit notice to pay the rent owed.

I think you are misunderstanding what I am saying...

IF the LL accepted partial payment for several months, he(LL) MUST continue to accept partial payments UP UNTIL he NOTIFIES the tenant that he refuses to accept partial payments. "partial payments" meaning paying less then the full amount on the day rent is due and paying the remainder before the next billing cycle. IF the LL is doing this, then he MUST continue to do so until he notifies the tenant.

For arguments sake, numbers are made up. If in this case the OP is paying $200 of the $500 that is normally due on the pay period, then two weeks down the road is paying the remaining $300.00 In this case, the LL must follow the above.

If the OP is saying the LL is only getting paid the $200 via voucher, and that is all, then yes, he must pay the rest or it is legal grounds for termination.