In most states, if the landlord accepted your partial payment, any current evictions for not paying rent are stopped.
The landlord would have to start a new eviction the following day.
If the landlord continues the old eviction, when it goes to court simply state that he accepted payment on X date and show the receipt.
2007-07-08 02:24:50
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answer #1
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answered by PersonalFreedom 4
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If you paid all that was due, then yes, it stops it. If you only did a portion of it, then normally, no. However, it does depend on the local real estate laws for your area, so it would be a good thing to check with your local legal aid/renters rights organization to see what applies for your area.
Normally, if you've made a partial payment:
If you've received an eviction notice but no legal action has actually been made, it does help. Talk to the Landlord and set up a system to get caught up on your rent, or if that doesn't work, when you have the court date mention to the judge you've made a partial payment and plan on getting caught up. It probably will help.
You've made a partial payment after the judge has ordered you evicted. normally you are given 3-7 days as a final period of time to make things right. If you make a partial payment you can try to talk the landlord into giving you more time. Probably won't happen, because if the landlord accepts part payment and lets you stay, then you don't finish paying, the landlord has to start the eviction process all over again, and by that time the owner is tired of the hassle and just wants a good tenant who pays their rent.
After you have been evicted? You just wasted money.
2007-07-08 09:17:32
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answer #2
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answered by rlloydevans 4
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If the eviction has not yet been ordered by the court, payment in full will stop the eviction. This assumes that non-payment of rent was the reason for the eviction suit in the first place.
Partial payment normally does not stop it but in some states (FL is one) the landlord will have to refile the eviction if he accepts any rent once the process has started. An important question is, "Has the landlord actually accepted the payment?" Simply mailing a check doesn't mean that it has been accepted unless the check is cashed. If you try to hand it to the landlord and he refuses to accept it and you leave it on a table and walk out, it has not been accepted even if you leave cash.
2007-07-08 10:44:12
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answer #3
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answered by Bostonian In MO 7
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Unfortunately only the landlord can stop the eviction at this point. However in many states the landlord may only collect money up until a writ is issued unless the landlord clearly states on the receipt or in a letter that the money was accepted with reservation. In other words s/he can "say" if you pay off all of your debt you can stay and still go through with the eviction if s/he wants to.
Your best bet would be to just move out before the writ is ever served. Landlords can sometimes be rough with your personal items when they have to set them on the side of the road.
2007-07-08 09:25:14
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answer #4
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answered by Richard Stephens 2
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check with the laws in your state but generally if a landlord accepts payment the eviction will stop regardless of how much or how little you paid. the fact that the landlord accepted payment is an agreement and they can not continue with the eviction. this is the reason why most lending institutions don't except nothing but the full payment unless agreed upon. it against the law to take payment and take action but check your state and local laws for better clarification
2007-07-08 12:36:03
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answer #5
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answered by Leroy M 1
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Check ur lease, if the landlord wants u out, no amount of money could help. They need a steady payment from u, and if u can't comply they can evict u. If u paid some, u would have to ask ur landlord if ur in good standing b/c it's up to him wether u stay or go, according to whatever ur lease says!!
2007-07-08 09:00:12
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answer #6
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answered by ArmyWife 2
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If you have outstanding rental payments, unless it brought you up-to-date and current with you past-due rent, no...it does not stop the eviction process.
I would also call the Landlord/Tenant organization in your locality...most areas have one...there may be additional protections afforded to you under the law, that only they can answer.
If you are near the end of your lease, or month-to-month, then there is very little you can do.
2007-07-08 09:06:01
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answer #7
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answered by Expert8675309 7
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usually you have to pay the rent in full in order to stop an eviction this is something you need to ask you landlord.
2007-07-10 23:55:54
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answer #8
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answered by kystik83 3
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depends on what the outcome is in court. if he wants u out even though u paid him they might have the right to evict you anyways. i would speak to your landlord and ask him to stop the eviction bein that you paid him.
2007-07-08 11:16:50
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answer #9
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answered by spadezgurl22 6
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depends where you live.....some places a partial payment stops the process, some it has to be paid in full,
to stop it............
2007-07-08 09:24:58
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answer #10
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answered by DennistheMenace 7
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