If I was recently served with an eviction hearing notice, what about partial payments?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was recently served with an eviction hearing notice, what about partial payments?

I live with 3 other roommates, 1 of which has been delinquent in rent in the past though we have settled those payments. For last month we sent in payment but received notice that there was a balance of $295. We believed he had settled this. Now we have sent in our rent for this month. As we have been served with a hearing notice it appears our delinquent roommate did not handle the balance as he had stated. If our landlord has accepted our this month’s rent payment can the eviction move forward?

Asked on July 11, 2012 under Real Estate Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking accepting rent after an eviction has begun can make the proceeding null and void.  But one would need to review the paperwork here.  Have you been served with a summary proceeding for eviction?  Please get help.  You may have a defense here.  Good luck.

 


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