Renters facing eviction want to know where they stand legally and if the eviction can be stopped. A common question renters ask is, “If I pay my rent before court can I still be evicted?” The answer depends on the eviction law in your state and your landlord.
If I Pay My Rent Before Court Can I Still Be Evicted?
In many states, eviction cases will be canceled when payment is made before the court date. Some cities also have eviction laws which give tenants more rights than state law.
In the state of New York, for example, when a tenant pays their outstanding rent, the landlord must accept the payment and cancel the court case.
Another example is Georgia, where an eviction case will be canceled if the renter pays the full amount of rent owed plus the costs the landlord paid to file for eviction with the court.
Renters have 7 days from the date they were served with the summons to pay. This right to pay and avoid eviction in Georgia is only available once in a 12-month rolling period.
To find out about eviction laws covering your area, search online and include your state or city. For example, “If I pay my rent can I still be evicted in Texas”.
Alternatively, get in touch with a tenants’ rights organization in your city or state. The free United Way helpline (call 2-1-1) will be able to connect you with help in your area.
Related Search: Does Evictions Follow You From State To State?
Offer To Pay Your Landlord To Avoid Eviction
If your state doesn’t give you the right to avoid eviction by paying the back rent you owe, you may be able to reach an agreement with your landlord.
Your landlord may agree to cancel the eviction case if you pay the rent you owe and cover the costs they had to pay to file the eviction and serve the summons. These costs can be several hundred dollars.
Landlords aren’t required to give you this opportunity, but many will if you’ve been a good tenant in the past, so it’s worth calling to find out if paying is an option.
If you can’t afford to pay the amount you owe plus costs, your landlord may be willing to negotiate a payment plan with you.
Is Paying Rent Late Grounds For Eviction?
If you’re already late with your rent or about to miss an upcoming rent payment, you may be wondering, “Can I get evicted for paying rent late?”
As long as you pay before the deadline your landlord gives you, you won’t be evicted. How much time you get to pay your rent depends on state law.
If your rent hasn’t been paid by the specified date, and you don’t move out voluntarily, then your landlord has grounds to evict you and can file for eviction with the court.
Landlords have to follow a legal process when they want to terminate a lease and evict tenants for unpaid rent. The first step in that process is the notice to pay or quit (see below).
If You Get An Eviction Notice Can You Still Pay Rent?
What type of eviction notice have you received?
The first notice you’ll get when you owe rent is the notice to pay or quit. A notice to pay or quit is commonly referred to as an eviction notice, but at this point, your landlord hasn’t filed for eviction with the court.
The notice to pay or quit informs you that you must pay the amounts listed on the notice or move out. Your state law determines the minimum period your landlord must give you to pay which can vary from 3 days in California to 30 days in New Jersey.
If you don’t pay the rent you owe by the deadline given in the notice to pay or quit, your landlord can ask the court for permission to evict you. The court will then send you a summons to appear at the eviction hearing.
At this stage, your state law may give you the right to stop the eviction by paying the rent you owe plus the landlord’s costs.
You can also try to reach a mutual agreement with your landlord where you pay your overdue rent and the landlord’s costs in return for the landlord canceling the eviction.
The final eviction notice you’ll receive is the actual eviction order issued by the court.
You can still offer to pay the money you owe, but your landlord isn’t obliged to enter into any agreement with you and can ask law enforcement to remove you if you don’t move out.
Once a court-ordered eviction order has been issued against you, your eviction becomes public record. When you apply for rentals in the future, the eviction record will be visible to landlords carrying out background checks.
Having an eviction on your rental history makes it much harder to find landlords willing to rent to you.
Understand Your Options
Your landlord can file for an eviction hearing with the court if you fail to pay the amount you owe by the date on the notice to pay or quit.
Once your landlord has filed for eviction, your state law may allow you to avoid eviction as long as the overdue rent and court costs are paid before the court hearing.
Search online or contact your local tenants’ rights group to find out if you can avoid eviction by paying your rent before your court date.
Talking to your landlord is your other option. Ask them to cancel the eviction in return for full payment of unpaid rent and court fees. You may even be able to reach an agreement during your eviction hearing.
Renters facing eviction should seek help from a tenant’s rights group or an attorney.
Previous Entry: What happens when bailiffs come to evict you?
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.