Can my landlord accept partial payment, agree to remainder a week later in writing, and evict me the day before I am supposed to pay?

Asked on March 23, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was a written agreement as to when you would pay, you could not be evicted for payment-based reasons so long as you did not violate that agreement. Therefore, if you still had a day to pay, you should not have been evicted for nonpayment yet--the landlord could only take action if the payment date passed without you paying.

(Note: if you did something else sufficiently serious--e.g. stole from or attacked the landord; deliberately damaged the property--that could give rise to independent grounds to seek eviction, which grounds might not be affected by the payment agreement.)


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