If my landlord accepts a late payment before the specified court date, can they still proceed with the eviction?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my landlord accepts a late payment before the specified court date, can they still proceed with the eviction?

Our apartment building was recently sold. For 8 years we have paid rent on a weekly basis; the new landlords only wanted to change this to bi-monthly. So the transition was a little difficult and when came time to pay on the 1st of the month we were $55 short, so we recieved a 3-day notice. We talked to the property manager and told him that the amount we were short and the late fee would all be with the payment on the 15th; he said he would let them know. Today when leaving there was an notice for restitution of premises.

Asked on October 12, 2012 under Real Estate Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the eviction is for nonpayment of rent, then if the entire amount due and owing is paid prior to court, the eviction cannot go foward; though a partial payment allows the landlord to proceed on the remaining balance. (Of course, if you can then pay that remaining amount by or on the court date, you should be not be evicted.)

 


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 with SHA-256 Encryption