If I set up payment arrangements and the landlord accepts a payment, can I still be evicted?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If I set up payment arrangements and the landlord accepts a payment, can I still be evicted?

I have a month-to-month lot rental agreement and have fallen behind on my payments. I was contacted by the landlord’s out of state lawyer and payment arrangements were made. Last night I received a summons in eviction notice to appear in court on the 15th. This summons was sent by a different of the landlord’s lawyers located locally. I have nothing in writing from the other lawyer stating the payment arrangements agreed upon will avoid eviction.

Asked on February 5, 2012 under Real Estate Law, North Dakota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you did not enter into a written agreement with the first lawyer to memorialize this new agreement (called an accord and satsifaction), then all bets are off and you are subject to eviction. You may wish to contact the first attorney and get the second on the line as a conference call or email both on the same email explaining the previous verbal agreement and your detrimental reliance on that agreement. See if this will help.


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 lock Secured with SHA-256 Encryption