Can I be evicted if I paid for an eviction hold off but never signed the paper?

UPDATED: Aug 22, 2011

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Can I be evicted if I paid for an eviction hold off but never signed the paper?

I am behind in rent for this month. I went to the office and paid for an eviction hold off but the manager was not in, so I never got the paper to sign. I went back and told the manager my situation and he said that I have until the 2nd of next month to pay for this month ($747), plus for next motnh ($665). I cannot do this in 2 weeks so I asked instead if I could pay this month with all late fees on the 2nd and sign a eviction hold off (and pay $101 for that) and pay the rest of next month with all late fees on the 16th? He told me no. I have to pay on the 2nd or he will file for eviction on the 5th. Can he do this?

Asked on August 22, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you paid for the eviction "hold off" but the property mananger was not in so you were not able to sign any paper work allowing the "hold off" in exchange for the $101.00 you paid for this, you are in somewhat of a difficult situation in that you should have never paid the $101.00 without being given the written and signed agreement by the property mananger for what you gave the money for.

The property manager can serve you with an eviction notice if you do not pay what he or she wants by the stated deadline. The issue is if an eviction notice is served upon you by the property manager is whether or not the eviction proceeding should not go forward against you due to your $101.00 payment for the "hold off".

In the future, never make a payment for anything without getting a written receipt for it and a signed document stating the payment's purpose.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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