If I set up payment arrangements and the landlord accepts a payment, can I still be evicted?

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If I set up payment arrangements and the landlord accepts a payment, can I still be evicted?

I have a month-to-month lot rental agreement and have fallen behind on my payments. I was contacted by the landlord’s out of state lawyer and payment arrangements were made. Last night I received a summons in eviction notice to appear in court on the 15th. This summons was sent by a different of the landlord’s lawyers located locally. I have nothing in writing from the other lawyer stating the payment arrangements agreed upon will avoid eviction.

Asked on February 5, 2012 under Real Estate Law, North Dakota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you did not enter into a written agreement with the first lawyer to memorialize this new agreement (called an accord and satsifaction), then all bets are off and you are subject to eviction. You may wish to contact the first attorney and get the second on the line as a conference call or email both on the same email explaining the previous verbal agreement and your detrimental reliance on that agreement. See if this will help.


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