If a landlord agrees to accept your rent late, can he still file for an eviction?

UPDATED: Oct 11, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 11, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a landlord agrees to accept your rent late, can he still file for an eviction?

Talked with landlord one day that rent was going be late. I told him when I would have the full amount. He said that it would be OK. The next day he placed a letter on my door to vacate by the weekend. I tried to contact him but he would either tell me he was in a meeting or busy and couldn’t talk with me. The day after that, an officer served papers of eviction on us.

Asked on October 11, 2011 under Real Estate Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In your situation apparently your landlord can accept late rental payment from you and then serve you with an eviction notice. The issue is are you on a month-to-month lease for your rental? If so, the landlord clearly can serve you with a termination notice of your lease after he or she accepts a late rental check from you even though his or her acceptance of the late payment indicated to you no negative fall out.

The eviction papers are essentially a notice to you that the landlord wants you to vacate the rental you are occupying. You have the option to continue paying rent and see if the landlord will file and serve you with an unlawful detainer action. If that happens, you have the option of filing an answer to the proceeding and fighting the eviction.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption