Rent arrears eviction notice

Question

hi everyone i really need some help, i have arrived back home today from abroad for 3 month to find an eviction notice from the court for the possesion of my rented property, i have checked my bank account and i am 2 month behind, i have contacted the solicitor dealing with the case but they are away until tommorrow and the person i spoke to stated i may still be evicted, the summons states that if i pay the arrears the case will be dropped, i am willing to do that straight away but will my landlord accept that or still follow through with it, please respond asap thanks

Answer 1

It totally depends on the landlord.  In the apartment complex I live in (NJ), I have seen some eviction notices posted on the door for the same person several times over the past two years, but it seems that they must eventually pay what they owed and were allowed to continue living there.  Get in touch with the landlord ASAP and ask him/her if you'll pay the full amount owed by (tomorrow or this weekend), would you be allowed to stay? Who cares about the solicitor, deal with the landlord directly because only the landlord has the power to drop the case.  Next time you ever plan on going away that long, I would notify the landlord in advance and plan to pay 3 months in advance rent to avoid problems like this.

Answer 2

Don't know the laws where you are but here in California. The eviction are very specific. If it says it will be forgiven it will. the landlord could file for a different reason but could not evict you on the ground of Arrears. there acceptance of your payment (check only for your records)  drops that court action

Answer 3

either way you owe the money - phone the landlord and talk !!

Answer 4

Take  it from me. Landlords do not evict people who pay them money. Call him immediately and let him that you will pay right away including all applicable charges for filing the dispossesory.

Answer 5

The best thing to do is contact the Landlord.  State your case so that

you have 60 days to make all payments in full.

The 60 days back due, paid in full with the next payments paid over

the following 45 days.  Make sure that the Landlord puts this agreement

in writing before you give any money.  If the Landlord says that they

will not put anything in writing unless you pay some part of the amount

due.  "DO NOT DO IT - Take it to court."  File immediately for a

court date to review the eviction decision.

Most times the court would like to prevent evictions.  In the event

you are not evicted as per the court order (PAY the pass due rent to

the landlord) and have the funds available to pay the rent due as of the

court date.  

In any case, you can pay the pass due rent prior to the eviction - show

the receipt of payment if an eviction is attempted to be enforced.

Payment is best made by means of (MONEY ORDER) not check

NOT CASH.  I buy Money Orders fill them in and make it payable to

the proper people.  Then Photocopy the money order.  When I deliver

the money order I have the receiver sign the Photocopy and dated it.

Answer 6

I am a landlord, and if you came to me with proof from the bank, and it really wasn't your fault, I would withdraw the eviction.  But, I would ask for the months in arrears, + any late fees associated with it, + the fee I paid to file the eviction in full before I withdrew the eviction.  Then as a landlord, I would give you proof in writing, that I dropped the eviction.  I would not drop the case until all conditions are met, and met within 24-hours.  

Answer 7

Do not ignore any notice you receive and do not listen to anyone who tells you that you don't have to go to court,  If you get a notice, you HAVE to go, the landlord, if he doesn't properly drop the case, will win by default and you will be evicted.  If you pay your rent and still have to go to court, no matter who tells you that you don't have to go because you're paid GO with your receipts.  This is how many landlords gain possession of apartments.  The defendant thinks they don't have to go and the landlord wins by default because you're a no show.  

Answer 8

You would do better to contact the landlord and ask them.  None of us are mind readers.  We would have no idea what your landlord might do.

Answer 9

Talk to the landlord and bring all the money you owe him - he's within his rights, but if you've been an otherwise good tenant - he should be happy with the arrears.

Answer 10

it all depends on the landlord.you did this to your self.

Answer 11

Depends on the landlord.  If they accept one penny from you toward past due amount the eviction process ends.

Answer 12

It is YOUR responsibility to monitor your account activity. In the USA if they accept even partial payment (the recent 'taking' seems to qualify) it stops all legal action. You better be communicating with the solicitor in writing and in person ASAP.