Can my landlord refuse to accept rent w/o late fee?

17 years ago

My pay schedule put me getting paid later than the 4th. Due to an unforseen car repair, I can pay my rent but I can not pay the late fee until my next check. I do not dispute that I owe the late fee, however my landlord said he would not accept rent without the late fee. He has issued me a 72 hour notice. I live in Oregon and I looked up the Landlord/Tennent Laws and found that he can't evict me for non-payment of the late fee, however can he refuse my rent and then evict me? It just doesn't seem right. He also informed me that I was late one other time and already have an outstanding late fee. I did not realize this and am fine paying that as well even though he never issues a reciept for me to know, but again I can't do this until my next check.

Thank you in advance for your advice.

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Comments (4)

talley_sue_nyc
17 years ago
he has done it once already--he may have set a precedent for himself that housing court won't allow him to break.

Are you sure you can't find someone to loan you the late fee?

And then, you'll need to do some belt-tightening so you can adjust your cash flow so you're always AHEAD of your rent.
kathyg_in_mi
17 years ago
Pay by check or money order, so you have written proof you paid the rent and get a receipt!
Kathy G in MI
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nfllifer
17 years ago
I'm sure he can do this as mortgage companies will reject a late house payment without the late fee.

He probably can evict for this BUT in front of a judge with your rent minus late fee, doubtfull. I know there are no judges in my county that would evict you.

Can't you borrow the money or even get a personal loan? The late fee can't be that much. Even credit card companies would give you a cash advance.
fredwolf
17 years ago
Yes he can. Pay what you owe.