What if my landlord refuses to accept a payment arrangement in order to file an eviction notice?

I’m confused on this law because I no intentions of not paying. I just needed a few more days to pay. The management team refused to set up an arrangement. I have been here for a year and half. I don’t wanna be eveicted when I’ve paid my every month even if it’s late.

Asked on July 22, 2012 under Real Estate Law, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if a tenant has breached the terms of his or her lease in a material way such as not paying rent when due, the landlord at his or her option can deem the leased forfeited and have the tenant evicted regardless if the tenant is willing to make arrangements to pay the rent due over time.

This is what your landlord seems to want to do with you. Your option is to fight the eviction process by asserting as a defense that you have been willing to make up the amount owed over time for back rent. Whether the trier of fact accepts this defense remains to be seen. I suggest that you consult further with a landlord tenant attorney to help you on your matter.

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