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Tenant bank in late rent after eviction filed - Landlord Forum thread 354428







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Tenant bank in late rent after eviction filed by Maggie (TX) on September 28, 2017 @18:11

                              
Delivered 3 days notice to pay or vacate by 9/19/17 to tenant. Tenant emailed and promised to pay by 9/22/17. I acknowledged the email but make it clear that if no payment is received by then, eviction petition will be filed without further notice. No payment was received, I filed on 9/25/17. Tenant finally bank in outstanding rent + partial late fee on 9/27/17(I did not have a choice of not accepting the payment since it's deposited into my account). Court hearing is not until 10/13/17, by then tenant may be default on October rent. Can I still proceed with the petition filed on 9/25/17?
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Re: Tenant bank in late rent after eviction filed by Anonymous on September 28, 2017 @19:42 [ Reply ]
No. You said it yourself. The tenant automatically can put the rent into your account, apparently at any time, and you have to accept it. Your court petition probably says for Sept. rent, which you have already received.
If the tenant shows up, and says they paid Sept rent, and you agree that they did, your case will be dismissed. What you should do now, is go to the court system, and try to cancel the hearing so as not to clog the court system with extra time and paperwork that will go no where. If the tenant is late on Oct. rent, you will probably have to do the whole scenario over again.
Re: Tenant bank in late rent after eviction filed by Jim-Tom on September 29, 2017 @06:00 [ Reply ]
I suggest to go to the bank if this situation comes up again and set up a pass word on your account for any deposits to be accepted. This password can be removed at any time after the fact. This will stop a T from forcing a interruption to a court filing such as you described.
Re: Tenant bank in late rent after eviction filed by Nicole (PA) on September 29, 2017 @07:50 [ Reply ]
Every jurisdiction will be different but in my state, when we get to court we can ask for any additional monies due ... meaning October rent. There is a box we need to check on the complaint form ... perhaps your state allows your complaint to be amended somehow.

that said, while for many of us eviction is easy and do it yourself, when you don't know or understand the basics, hiring an attorney is your best remedy to keep your time line moving along.

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