Living To Dream (livingtodream) wrote in bad_service,
Living To Dream


I'm not here to debate what I'm doing could be boerdline customer_suck but rather to share a bit of passable bad_service and ask a question.

Is it common for places to shorten the time frames given by law. To bluff or otherwise try to make you think you have less time?
Due to life problems I don't want to get into my choice this month at the start was rent, or food. I picked food, left a note to my landlord why, and accepting anything they needed to move forward with ect. I plan to pay but it'll be late.
That is my problem, my hole I'm digging, to survive. I'm not here to debate I owe them.

However the notice of non-payment I was given says I have 5 days to pay, or they'll file on the 10th to break my lease. They quoted the law and section for notice. Wanting to avoid trouble but still be able to eat I looked up the law, and to my surprise I read mixed lines, but if I read it correctly, I have either 14 or 30 days to pay it and overdue before they can file for breaking lease.
My rent is due on the 1st-5th we get a week roughly to pay. Office is open 7 days a week.
14 days from the 5th is not the 10th. The notice however says per the law I read, that they're going to file on the 10th to break it.

Is it a bluff? I've noticed much of this state seems to ignore the 'you have x number of days' and pulls time frames out their asses on things like this.

Edit: For Refrance:

State Site with instructions on how to navigate a law site

The law site
The section, 66-7-109

66-7-109. Notice of termination by landlord. -

(a) Fourteen (14) days' notice by a landlord shall be sufficient notice of termination of tenancy for the purpose of eviction of a residential tenant, if the termination of tenancy is for one of the following reasons:
(1) Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand;
(2) Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests; or
(3) The tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants, the landlord, the landlord's representatives or other persons on the premises.

If the notice of termination of tenancy is given for one of the reasons set out in subdivision (a)(1) or (2) and the breach is remediable by repairs or the payment of rent or damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice from the landlord, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.
(b) For all other defaults in the lease agreement, a thirty (30) day termination notice from the date such notice is given by the landlord shall be required for the purpose of eviction of a residential tenant.
(c) This section shall not apply to a tenancy where the rental period is for less than fourteen (14) days.

(d) Nothing in this section shall be construed to apply to rental property located in any county governed by the Uniform Residential Landlord and Tenant Act, compiled in title 66, chapter 28.
[Acts 1999, ch. 451, §§ 1, 2.]
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