Can a landlord evict someone for being $100.00 short on their rent for the current month? Here's my situation?

Question

...I have lived here with my husband and daughter for 2 years now. Every month, no matter what situation we are in, we've paid our rent, and never gotten behind. My husband has lost his job a couple times this past year, due to the economic changes in our area, but no matter what, whether it was borrowing or whatever we had to do, we made sure our rent was paid every single month.
Unfortunately, my husband lost his job again a couple weeks ago. The resutaurant he was working at was starting to go under, so they let him go since he was one of the newer employees. He started going through the unemployment process, and just started being able to claim this past Sunday, but we've been waiting for him to receive the benefits. In the meantime, I sold off my deceased Aunts grandfather clock that she left to us, so we could get her most of the rent, and so we wouldn't be too late, waiting on this unemployment to go through, but I was short $100. I explained the situation to my landlord, which we live in a duplex and she lives right next to us, and let her know I would get her the remainder of the money asap, and that we would be able to pay her on time this coming month, once income starts coming back into the home, which should be very soon since he started being able to claim from unemployment.
Today, I got a letter in my mailbox from her stating that if she wasn't paid the remainder of our rent by Friday the next letter would be a letter of eviction. I don't understand what her problem is to be honest with you. We've never gotten behind like this before, and we're only $100 late on our rent. We've been good tenants, we've done so many things for her, taken her food when she was sick, or when she needed things gone places for her, we made major upgrades to this home with painting, replacing fixtures, replacing countertops, and redecorating, and it's never once been taken out of our rent. We had a gas scare a couple months ago, and when I had the gas company come to look at our furnace, we were told that our furnace is dangerous because it was very old, and did not have safety valves on it to turn off the gas if the pilot light would go out, I had the gas guy go over to tell her about this, and yet she's done nothing to repair it. Even a week ago, she called me to let me know that our area is starting this new thing were every landlord has to fill out something and have the county do visits to their rental properties to make sure everything is safe and up to date and she decided she wasn't going to do it, because a certain woman on the board had done something to her before, but I really know the reason why she doesn't want someone in here to look is because although it's a nice property, there are some things that do need updated, and she doesn't want to spend the money to have it done.
And we've put up with a lot of things from this woman. We've stayed because we like the property but it's a lot to deal with, many friends and family in the past have begged us to move because of the way this woman is, but we just have had a hard time finding anything nicer than this in our price range.
This woman has harrassed us by phone, left weird notes in our mailbox since we've lived here. She tries to treat us like she treats her son, she has major substance issues, and she gets upset when you don't pay attention to her, or you don't talk to her for about a week or so, she'll start leaving weird messages in the mailbox about us watching her, and just bizarre things. We've learned to just ignore her over time, and write her off as a crazy, lonely lady, but to have her threaten to evict us, after living here for 2 years and only being $100 late on rent, knowing our situation, and knowing we obviously will pay her, really ticks me off, and I was wondering if it is possible to do something like that.
It's not reasonable at all. She's nuts. I have friends who've fallen upon hard times and been more than a month behind rent and their landlords have been flexible and let them catch up. We're not even a month late, and we're only behind $100, so I was wondering if that is even possible. I have compiled together the many letters of harrassment she's sent us over the years, I wish I still have the messages, and she even opened some of our mail recently, and put it back in our mailbox with a note saying she was sorry for opening it, it was a mistake. How do you mistakenly open mail when it clearly has our names on it?
Is there anything we can do and is it possible for her to evict us? Because winter is coming and I don't want to have to move in snow. Thanks.

Additional Details

After reading some responses, I just wanted to add that I have NOT been rude to this woman, and not uncaring of the situation. I went and sold things just to get her the majority of the rent on time, because I was very aware of the fact that she needs to be paid, and she has been paid every single month over the two years we've lived here. I am only $100 short, and I told her I would pay her asap, and I have been a very good tenant, fixing things for her, at my expense, adding components to up the value of her rental out of my own pockets, and obviously if I did not respect her or her situation, I wouldn't do that, but it just so happens my husband lost his job, we're waiting on the unemployment process, and I am trying my best. It's easy to stand there and say those things, but can anyone easily say that in their lifetime they've never been behind in a bill or late on a bill? Until you can say you have not, you cannot really look down upon me for being $100 short in two weeks.

Also, I just read the question about the income, and you bring up a very interesting question..Yes, she uses rent money as a source of income, but she also gets SSI disability, and her and her son, who is a police officer in my area, have things set up with this rental to which he is the name on the deed, and he files to make it look like he's the one who gets the rent money , when in fact she's the one who runs this property, and gets the rental money towards her income, and he gets none of it, and they do this because she told me before that she wants extra money from the state, by working the welfare system, so they basically scam the system so that she gets extra money and benefits monthly, and she was the one who told me this, I didn't hear this as a rumor. She was paranoid months ago about it and decided to talk with me about it. So believe me, I don't think she's hurting for money. We're counting quarters for diapers, and she's getting money for scamming the system.

And I don't know where this comment comes in that I kept money for other expenses. I don't have any money to keep, lol. I went and sold something my deceased Aunt had given me in her will to make sure she got the money really quickly, instead of just telling her she was crap out of luck until my husbands unemployment benefits started coming through, and it just so happens that I came up $100 short because I could not sell it for as much as I wanted to. I had talked to her, gave her the money, she thanked me, seemed fine with it and understanding of it, I told her that I would get her the rest of the money as soon as I possibly could and let her know of the entire situation, since that time she's called me a couple times to just chat, seemed fine, then opened my mail, I got a little upset with that, and now I have a letter in my mailbox saying I am evicted if I don't pay her the $100 that is left over. I have done everything I could, and I have been very respectful in doing so.

Answer 1

Best Answer - Chosen by Voters

"I don't understand what her problem is "

Imagine that someone took your purse and removed 100 bucks, then they told you "Hey I borrowed 100 dollars from you, I was sure you would not care if I took your money. I will pay it back sometime." This is exactly what you did. You stole her income, keeping it against her will. As if she doesn't have bills of her own to pay.

You keep saying that keeping her money is reasonable. Landlords should be there to loan money to people during tough times. I have no idea why you think landlords, yours included owns a money tree, but they do not. They are not your private banking service to give you loans without even asking.

It is possible for you to be evicted, non-payment. However, it is not probable. You have her money and it costs money to evict someone.

You handled this badly. You obviously feel entitled to her money, and it sounds as if she resents that. Most people would resent even adult family members feeling entitled to their money, taking $100 is a big deal. You should have asked her first if it was OK to keep her money to pay your other expenses, common decency would have no resulted in her wanting to evict you.

Answer 2

Short answer in the US, Yes the landlord can move to evict if you are 100 short on the rent or if you where 20 dollars short of the rent , if the landlord files not only will you need the 100 dollars but you will also have to come up with the court cost as well to stay in the rental

Answer 3

You have a difficult situation, but the short answer is yes, she can evict you. Have you considered the possibility that the rent you pay is her income, and she can't afford to be short?

Now will she really go ahead with it - maybe not. If you are as good tenants as you claim and you do give her the remaining $100 within a week, she probably won't take the next step. Most landlords don't want to lose good tenants. But she is sending a signal that she takes this seriously and wants you to do so too.

Regarding the mail - she can't open that. If she does so again, even by "mistake" file a complaint with the USPS so she won't make the mistake again. Or, get a mailbox that can be locked with a padlock and put that up.

The unsafe heating system is the most serious concern. I would call the board of health and/or housing inspector in your area and have them come out and look. If it is unsafe, they will issue a citation to force her to fix it.

Answer 4

move

Answer 5

technically they can evict you for being 100 cents short. most leases stipulate that all rent is due on the first of the month. that doesn't mean part of the rent, most of the rent, or even all except 100 dollars. i understand your pain here...but you might feel differently if you were a landlord.

Answer 6

A landlord has every legal right to evict you any time the rent is not paid in full and on time. Even if you were only $1.00 short they could legally evict you.

Also, It does not matter why you were short.

Everything else you posted is imaterial and has NOTHING to do with your legal obligation to pay the rent. She is obviosly tired of putting up with your spotty payments.

Source(s):

I'm a property manager

Answer 7

yeah, i have been in your situation before, not with the crazy landlord, but with the rent. Mine was always reasonable, and let me catch up.

But if what you say is true, you need to find a different and more respectful landlord. Just keep in mind that if she does evict you, you can file with USPS for her opening your mail, and with Social Security for defrauding the system. If you kept your letters, you have a good harrassment suit against her too, as that is not the proper decorum of a land lord.

Unfortunately, she can evict you for not having all your rent, although most will not, esp for long term tenntets if this happened to be the first time in two years. You should not have to put up with the rest of her crap. I would report her to the housing people, b/c the heating unit is not safe, and it could blow up your house, or kill you guys though carbon monoxide poisoning. If the women wants to be a land lord, she has a legal obligation to make sure her rental property is safe and up to code for others to live in.

You should move to avoid the danger and the women.