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Re: Tenant bank in late rent after eviction filed - Landlord Forum thread 354442







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Re: Tenant bank in late rent after eviction filed by Maggie (TX) on September 29, 2017 @11:33

                              
Thanks all. I look at the petition form again, all it asked for is date of last rental payment and total amount of rent due and unpaid on date of filing. I did asked the clerk what happens if tenant pays September rent during the process but not October rent by time of hearing. Her response was indeed 1) cancel the eviction, or 2) Go to hearing and tell the judge about the whole situation - September paid now but October is late and this situation is happening every single month.
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Re: Tenant bank in late rent after eviction filed by Hound dog on September 29, 2017 @12:03 [ Reply ]
I doubt you will get a refund on the eviction you filed for already. But I would cancel the case.
When the late day for October rent has come and gone. Post the notice as per your state laws. Go to the bank prior to you filing for eviction, and add a password to the account for any incoming deposits. Test the bank to see if they ask for the password to do a deposit. Have a friend walk in and try depositing some cash, without the password, to see if the bank is following this request. If not, find a new bank for future rental accounts.
After all this issue is resolved, you can simply remove the password from the account. I also would not accept any payment in any form from T, after the case is filed. In my state any rents owed me after I file for eviction, gets paid to the court. Then the judge decides at the hearing how that money is paid out.
However if I accept even a dollar from the T anytime during this process. The chance of winning the case is slim due to the fact that most judges are more lenient toward the T. At least in my opinion and experience.

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