My rent is due the 15th of each mth (my LL forgets/ignores this). On Oct 2, he called to say that Sept & Oct rent had not been paid. I told him Sept had been sent (he didnt cash check) and Oct was not due yet... On Oct 11 I was served with a notice of petition and petition, with Oct rent being claimed as unpaid (I sent in a chk dated for the correct due date- the 15th). I have trial next week... Ques: Because LL demanded, and served me with notice of rent that is not due yet is that grounds for dismissal? (He had time to amend the petition but didn't).
Thanks!