Can a landlord give you a demand for rent and eviction notice at the same time?

UPDATED: Aug 2, 2011

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Can a landlord give you a demand for rent and eviction notice at the same time?

We wanted to give our landlord a 30 day notice cause we can’t afford our apartment. She then said she doesn’t do 30 day notices, and hen showed up with an eviction notice and demand for rent after I already gave her $190.

Asked on August 2, 2011 New Hampshire


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In many states in this country, statutes allow for a landlord who has a tenant behind in rent payments under a lease to serve the tenant with a required eviction notice with proper notice or a "3 day notice to pay or quit".

The 3 day notice to pay or quit is an option given to the tenant by the landlord to come up with the amount owed on past due rent within 3 days, or the landlord elects that the lease is terminated.

From what you have written about your landlord, it appears that she wants the balance owed on past due rent even though you paid her $190.00. If you do not pay her the balance owed in the demanded time period, she will consider your lease ended due to failure to pay and start eviction proceedings against you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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