We fell into a breach of our lease of arrears of 13 days and we where emailed a letter stating we had until the next day

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Customer: We fell into a breach of our lease of arrears of 13 days and we where emailed a letter stating we had until the next day end of business to pay the amount , due to financial difficulties and notified the property manager. In writing she stated we had until end of business day 14 . On day 13 we had paid 1wk rent and we emailed receipts....which then put us in only 7days arrears....we have never fallen behind in rent except this one occasion. She still decided to send through an eviction notice based on only being 7 days in arrears....she stated that it was because she did not get recipes emailed as proof which she never requested to be done....however I did then email her proof then she said well it's not on our account so we don't count the payment. O feel she has been unresonable and has breached her agreement stated on previous day's letter and email. What can I do?? I've emailed her numurious times to resolve but she's not willing to extract eviction notice saying as far as she is concerned we are still 14 days even though we are not.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Nsw
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: It's a 12mth lease which they just got done offering us a renewal for another 13mths so clearly the landlord has no issue with us. No issues with upkeep....we help with maintenance of yard etc
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'm just confused how one letter from her can say one thing then she can ignore that letter and the payments made and be allowed to wrongfully serve an eviction on 7dsys arrears when our lease clearly states 14days or more.
Answered by null in 1 hour 3 years ago
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null, Expert

Hi there,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

Do you pay your rental on a weekly basis, or do you pay your rental on a monthly basis by the 1st of the month?

The eviction notice which you talk about, it is a letter, or a court order?

If it is a letter, does it say that the lease agreement is cancelled? Or does it say you need to leave?

Awaiting your further information.




null, Expert

Hi, I’m John in Australia, solicitor, and reviewing your post. I may need to ask further detail from you. Thank you.

Can you upload the letter so I can review please ?

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