Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 2 months ago

Can a landlord continue to evict for non-payment of you have offered to pay the back rent in full?

To landlord tenant lawyer. 

Update:

Question is directed at landlord tenant lawyers or equivalent experience. 

Notice also had no move out date. 

17 Answers

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  • AJ
    Lv 5
    1 month ago

    This is a legal question which not only needs to be answered by a lawyer (I am not an attorney, but I am a long-time landlord), but the answer will depend on your state laws and the lease agreement.

    In general, the eviction process for non-payment starts with a 3-day notice which must say something like pay $xxx within 3 days or move out. If you have such notice, all you need to do is to pay $xxx within 3 days as it says and the whole matter will be closed.

    I can't speak for all states, but this notice is almost certainly required and must have all the prescribed elements including the amount and due date. It also should be served on you. If the notice does not meet the requirements prescribed by your state's law, it would be easy to throw it out in court as defective. In which case, the landlord would have to start from scratch and serve a new (proper) 3-day notice on you.  

  • 2 months ago

    yes, even of you pay it one day late plus the late fee they can kick you out even if you pay them an extra 500 bucks.

    However, most of the country you cannot be kicked out due to this from the coronavirus Bullshit.

  • garry
    Lv 6
    2 months ago

    yes , the question is will you pay rent in the future , you at first never payed and he was kind enough to give you time to pay how about in 6 months time !!! simple question is why havent you been on time with your rent ?

  • 2 months ago

    Of course. If the landlord has to stop the case every time the tenant said they'd pay, then it would never go forward. I don't stop the case until I have the rent in hand and I won't even take non-certified funds if the eviction date is close (so I don't cancel the eviction only to have the check bounce).

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  • zipper
    Lv 7
    2 months ago

    Making the offer is one thing the doing it is another. If your still in the rears He Sure As Hell Can!, If you do make good that is up to him on how much trouble you have caused him.

  • 2 months ago

    Your question is being posted on a public forum. You can't tell who is or is not a lawyer, so you may as well not ask for only lawyers to answer. If you want actual legal advice ASK A LAWYER--not Yahoo. 

    Can they continue to evict? Yes. An you'll end up paying that back rent anyway, evicted or not.  

  • 2 months ago

    Yet you did NOT PAY THE RENT yet.  Isn't that the key point here?

  • 2 months ago

    Yes. The non-payment in and of itself is an evictable lease violation. Now, that doesn't mean the judge that makes the decision to grant an eviction would grant it, if the full rent plus late fees and legal expenses were paid. The judge might, however, agree with a landlord's desire not to be put at risk of the same occurring again, and grant the eviction. You still owe the back rent plus late fees and legal expenses.

  • ?
    Lv 7
    2 months ago

    Not where I'm from, the UK. If you paid it and it's already on it's way to court, it still has to go to a hearing but the judge won't grant an eviction if it has been paid.

  • Rick B
    Lv 7
    2 months ago

    I would think that once the proceedings have started, the lease has already been violated and the landlord is under no obligation to keep the tenant.  Regardless, the full back rent will need to be paid.

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