If I pay my rent in full, including late fees, can I still be evicted?

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If I pay my rent in full, including late fees, can I still be evicted?

My landlord told me to pay it in 7 days or get out. If I do pay it, can he still evict me and put it on my credit?

Asked on May 9, 2012 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, when the grounds for a purported or threatened eviction are nonpayment of rent, as long as the tenant pays the amount due and owing in full prior to the landlord obtaining a judgment of possession (basically, before the court date; or at court, but before the judge renders a judgment in the landlord's favor), the tenant may not be evicted. (Remember: a landlord may NOT simply lock a tenant out; the only legal way to evict a tenant is by bringing an eviction or "summary dispossess" action in court.)


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