If I pay the court fees before I go to court, will my landlord still be able to evict me?

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If I pay the court fees before I go to court, will my landlord still be able to evict me?

I signed a year lease with my landlord, ending last month. I had to pay all the back rent and $182 in court costs. The back rent was paid but I had some trouble paying the fees. I went to the office and requested more time and my landlord agreed. Then, last month which was when the lese was expiring, TDC filed a motion for execution because of the court costs. The court date was set but my landlord’s lawyers did not appear and the motion was denied. They just filed a motion to reconsider. If I pay the fees will my landlord still be able to evict? Also, they are including in the balance they claim I owe from this agreement, rent for tis month and air conditioner fees that were applied as of 6 months ago.

Asked on December 15, 2012 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

For a nonpayment eviction--including nonpayment of other costs or fees beyond basic rent--typically, if you pay the full amount due and owing either before the court date or, at the latest, have it with you and pay the day of court, the landlord would not be able to evict.


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