What can we do if our is landlord trying to evict over $30only 2days after it’s due?

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What can we do if our is landlord trying to evict over $30only 2days after it’s due?

I live with a roommate and we are both in the military. We always pay our rent and are never late. We pay it through the internet portal that our apartment complex provides. My roomate payed his half on the 1st and I paid my half on the 2nd;the balance was $0. Then on the 5th, we received a notice to vacate for $30.58 of unpaid rent. Our lease gives us until the 3rd and I paid the second half of the rent on the night of the 2nd so it could have only showed up on our account on the 3rd. We have 24 hours and did not get a prior warning. Can we get out of an eviction?

Asked on January 5, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you can prove that you paid the rent, you can't be evicted. If the landlord insists on trying to evict you--i.e. on taking you to court; you cannot be evicted except through a court proceeding (the landlord can't simply lock you out, for example)--then bring proof of payment to court.  (If you can't attend court yourself, retain an attorney to go on your behalf.) As long as you have paid all amounts due and owing, you may not be evicted.


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