I have to go to court for an eviction, can landlord have me evicted and terminate lease if I’m willing to pay the amount in full that is due?
I have to go to court for an eviction, can landlord have me evicted and terminate lease if I’m willing to pay the amount in full that is due, lease is not over until next year in September I just fell behind only one time so now I have to go to court but I’m for sure that I will have all payments in full including current month rent. So can the judge deny the payment and ask for me to move or what will happen
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If you have all that is due, the court may not evict.
If you pay the landlord all that is due beforehand, including the costs of the eviction to date (ask him what they are and tell him that you will pay them), then he may just withdraw the lawsuit and give you another chance. However, he may decide that he does not want to mess with people who breach the lease and don't pay when they are supposed to. So, it could go either way. It is up to the landlord. He can withdraw the lawsuit or he can decide that he would prefer to have you out and go through the eviction and get it court ordered.
Yes that can happen. You broke the lease by getting behind. Best bet is to talk to & pay the landlord before court if he agrees, otherwise you may have to pay landlords legal fees & court costs.
Yes they can. The judge will ask the landlord if the will work with you or if they just want you out. That does NOT absolve you of debt. You still legally owe & can be sued or sent to collections. Ultimately it is up to the judge. This being your 1st time late is irrelevant.
The lease was over the day you breached it by failing to pay your rent on time.
A judge cannot override a landlord’s desire to get rid of a tenant because of late or non payment of rent. Will the landlord accept your pament? Well, that is entirely up to him.’
Good luck
That depends on your state's laws and the judge who will be presiding over the case. If your state's laws and/or the judge allow it, your landlord can refuse your payment & insist that the eviction proceeds if he wants you out.
Depends on the judge, you will need to attend court along with all the late rent and all the landlords court/legal costs and make the offer to pay....the judge might look more flavourably on you however one late payment doesn't 'normally' force a landlord to take the tenant to court, 'normally' they will try to work it out with your first and give you 30 days to pay in full
The judge can still evict you, but might not. If you get a break this time, don't get behind again, you're not likely to get a third chance.
If you show up in court with cash to cover the full rent, late fees as stated in the lease or if not in the lease, allowed by law, and the landlord's full legal costs for bringing the action against you, a judge has the option to order the landlord to accept and the lease will continue.
Probably. The rules vary from state to state, but typically if you don't pay within about 3 days of being told to pay or leave, then it's too late. By the time it gets to court, you're screwed. You have to pay AND leave. Generally, the lease is already terminated once you are late enough to go to court -- even before you get to court, and the court proceeding is just a formality. Paying now doesn't undo the fact that you didn't pay soon enough.