If my landlord accepts a late payment before the specified court date, can they still proceed with the eviction?
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If my landlord accepts a late payment before the specified court date, can they still proceed with the eviction?
Our apartment building was recently sold. For 8 years we have paid rent on a weekly basis; the new landlords only wanted to change this to bi-monthly. So the transition was a little difficult and when came time to pay on the 1st of the month we were $55 short, so we recieved a 3-day notice. We talked to the property manager and told him that the amount we were short and the late fee would all be with the payment on the 15th; he said he would let them know. Today when leaving there was an notice for restitution of premises.
Asked on October 12, 2012 under Real Estate Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the eviction is for nonpayment of rent, then if the entire amount due and owing is paid prior to court, the eviction cannot go foward; though a partial payment allows the landlord to proceed on the remaining balance. (Of course, if you can then pay that remaining amount by or on the court date, you should be not be evicted.)
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