What if the landlord will not accept the remaining amount of rent due and call off an eviction proceeding?
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What if the landlord will not accept the remaining amount of rent due and call off an eviction proceeding?
Our landlord accepted $275 with the remaining $300 to be paid by me when I am paid. I specifically asked the landlord if he would accept that arrangement and he stated that he would. We received an eviction notice hand-deliverred by a sheriff’s deputy the day before I was supposed to pay the remaining amount of rent. We called the landlord and notified him that we had the $300 as promised, and he refused to take the remaining rent amount. What do we do?
Asked on August 2, 2010 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should consult with an attorney, if you can't afford one, try callling either your state's legal aid society or office, or else some tenant advocacy or support group. As a general matter, if the tenant can make up late or past due rent prior to eviction, the landlord must accept it. An eviction might still be able to go forward if there were other grounds for it, such as causing excessive damage to the premises, breaching other terms of the lease, etc. However, an eviction for nonpayment should be "cured" by tendering payment. You would seem to have good grounds to oppose the eviction, annd you should consult with a lawyer to see how best to do that. Good luck.
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