Can I still be evicted after paying the owed amount?

UPDATED: Dec 27, 2011

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Can I still be evicted after paying the owed amount?

My landlord filed an eviction against me on the 15th for unpaid rent. The court date was set for the 5th of the following month. It is still the 27th, and I came up with the money and paid the balance completely off. Can I still be evicted? This is halfway in a 12-month lease. I am assuming I should go to court anyway to be safe, however is there a petition I can file to have the case dismissed already (dismissed without prejudice to the landlord, I assume), so I don’t have to worry about going to court and stressing?

Asked on December 27, 2011 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) If the only ground for eviction was nonpayment (and not also, for example, destruction of property or breach of other lease terms), then if you pay the arrears in full prior to the judgment of possession (i.e. prior to court), you should not be evicted.

2) You can ask the landlord or his attorney to dismiss the case; however, the best way to be sure is to show up for the court date and speak with the court clerk, indicating that you paid and making sure the case has been dismissed. Bring with proof of payment if necessary.

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 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.

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