Can I still be evicted after paying the owed amount?

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Can I still be evicted after paying the owed amount?

My landlord filed an eviction against me on the 15th for unpaid rent. The court date was set for the 5th of the following month. It is still the 27th, and I came up with the money and paid the balance completely off. Can I still be evicted? This is halfway in a 12-month lease. I am assuming I should go to court anyway to be safe, however is there a petition I can file to have the case dismissed already (dismissed without prejudice to the landlord, I assume), so I don’t have to worry about going to court and stressing?

Asked on December 27, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If the only ground for eviction was nonpayment (and not also, for example, destruction of property or breach of other lease terms), then if you pay the arrears in full prior to the judgment of possession (i.e. prior to court), you should not be evicted.

2) You can ask the landlord or his attorney to dismiss the case; however, the best way to be sure is to show up for the court date and speak with the court clerk, indicating that you paid and making sure the case has been dismissed. Bring with proof of payment if necessary.


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