Get rent the day of court? - Landlord Forum thread 327687

Get rent the day of court? by Bill (MD) on November 20, 2014 @14:36

What would happen if you get the rent the day the judgement was in your favor.

(Example: Court is at 9:00 am and you get it in the mail 12:00 noonish)

Or if the tenant gives it to you in person at the court house? Can you refuse?

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Re: Get rent the day of court? by Nicole (PA) on November 20, 2014 @14:46	[ Reply ]

curious ... do you currently have rental properties?

Re: Get rent the day of court?

Re: Get rent the day of court? by Anonymous on November 20, 2014 @15:39	[ Reply ]

If you receive money after the court has issued its order, the money would be considered payment on the judgment, not rent. Rent can only be paid prior to judgment. Doesn't matter that the tenant posted it before the judgment, because they only have the 3- or 5-day period to get the delinquent rent in your hands, and you'll be well past that by the time you get to a hearing & judgment. No judge is going to allow a tenant to stay because he says "the check is in the mail".

Re: Get rent the day of court? by Anonymous on November 20, 2014 @15:41	[ Reply ]

If the tenant attempts to give you the delinquent rent and all costs of the eviction action, you can choose to accept it and keep the tenant or not. Or the judge can decide that you must accept it (although I've never had that happen) and keep the tenant, or not. If you accept it, you can request the judge dismiss the case. If you do not accept it, it goes to the judge to decide.

Re: Get rent the day of court? by Anonymous on November 22, 2014 @21:31	[ Reply ]

Nobody is going to hand you the rent by the time the judgement is decided. I would absolutely refuse to accept rent once I have gone to the trouble and expense to do initiate the eviction. I am not swallowing the cost of the eviction.

Re: Get rent the day of court? by Chris (wi) on November 24, 2014 @13:49	[ Reply ]

Is it in Cash? How do you know the check will clear. I would not accept the rent once it has gotten this far.