If my landlord has filed an eviction case against me for non-payment of rent but I have paid the rent due but the eviction case is still pending, what should I do at this point?

Asked on November 2, 2012 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there are any settings for the eviction proceeding, then you need to show up to those hearings and present proof of your payment.  If there are no settings, then you may want to wait and see if your landlord non-suits the eviction (or files a dismissal).  You can also file a motion to dismiss to based on the fact that the case has been resolved.  But the most important thing is to not ignore it because you think everything is done.... not showing for a hearing or getting the case closed out could result in a default judgment against you later.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Appear in court the date of the trial, with proof of payment (ideally bring proof of as many rent payments, going back as far as you can, to show there is nothing outstanding). The landlord cannot evict you for nonpayment if you have paid all amounts due, so you should be able to get the case dismissed.

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