Can I be evicted if I’ve paidall of my rent and was previously allowed to pay rent in installments?

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Can I be evicted if I’ve paidall of my rent and was previously allowed to pay rent in installments?

Last month I had to make arrangements to pay my $470 rent in two installments, I paid $200 on 7/9/10 and $370 on the 23rd making it $470 plus the $100 late fee. Unfortunately this month I had to make the same arrangements and when I paid them the $200, they told me that I would have to pay $370 plus an additional $157 for attorney fees because they have to file an eviction on any balance owing on 8/10.

Asked on August 10, 2010 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you want to say is that the previous modification of your rental agreement allows you the ability to modify it monthly. That is not necessarily the case.  Just because the landlord allowed it once it does not make it "precedent" for you to do it every month.  However, I would be suspicious of their claim that they "filed an eviction" if this is the first that you have heard about it.  State laws are generally very particular as to the notice requirements to a tenant in an eviction proceeding and if they are not properly served with the required paperwork a proceeding can be dismissed on a "technicality."  I would question them on this matter and check and see if anything was supposedly filed.  And if you can not pay your rent as indicated in the original lease ask if you can modify it permanently - or at least for a specific time frame - in writing.  Good luck.


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