Is there anything that can be done if I am unable to pay a partial payment of rent?

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Is there anything that can be done if I am unable to pay a partial payment of rent?

I was unable to pay the total amount of my rent. I made a partial payment and my landlord agreed to let me pay the balance at the end of the month. However, the date she had to close the books was before my actual pay date so she had to turn it over to the attorneys. The attorneys gave me until the 30th to pay or vacate. I am trying so hard to come up with the balance (extra hours, plasma, selling possessions) however I am scared that I will not have the entire balance (court/attorney fees). Will they accept the back rent and let me pay the fees once I get paid again?

Asked on June 29, 2011 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, IF you can pay the full amount owed (including any late fees and other costs the landlord may seek) prior to or at the court date--because remember: to evict you, they have to take you to court--you can avoid eviction. Even after the court date, you can often avoid eviction if you can come up with money prior to lock out, thought that's not automatic--the landlord may accept it, or the court may order it, but it doesn't have to happen.

However, while you can avoid eviction by paying, it has to be paying in full prior to being evicted. The landlord does not have to accept partial payment or a payment schedule, and does not have to take into consideration  your payroll schedule or when you have money available.


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