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Hi, I signed a 15 month lease and shortly after moving in I got laid off. I wrote the property manager and explained the situation in December 2009. The property manager suggested split payments and I did just that. For the past 6 months I have been paying 2 payments a month for my rent. Well, the property manager got fired on 6/16 and mew property manager served me a 3 day notice. I told her I would be in to discuss my situation and pay schedule.
That afternoon I went in gave a pay schedule like I had been on with the former property manager for the past 6 monhts. I was paying partial every two weeks when i got my unemployment check. The next payment was to be $600 on Wed or Thurs. She said she would run it by the regional mgr. I stopped by the office a little later that day and was told that I had to have $500 in the office on the Tuesday before my check came. I said "she can't work with me one day for $600 on Wed?" She said those were the orders.

I stopped in on Tuesday afternoon to say I would have $600 on Wed and they had already sent my file to the attorney.

Now I had to pay the past due totally...$1125 and attorney fees to keep my place.

Question: Can I be evicted if they had accepted partial payments for 6 months, basically the "Presumption of Acceptance" comes into play, doesn't it?

Also, they told me they applied the monies I gave them to late fees of approximately $700.00. If I cannot use the "Presumption of Acceptance", do I have to come up with the past due including the late fees?

I want to stay in my apartment and want to work out a new payment plan. If the regional mgr would have just waited one more day....

Please advise.
Thanks so much.


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