Can a landlord continue an eviction after he accepts the rent?
June 8th, 2011 | 
Author: I received a 3-day notice for non-payment of rent after being late for six days. The notice was dated the 7th and given to me on the 9th, I mailed a certified money order for the total amount of the rent which the landlord received and signed for, (I have the receipts). He signed for the money orders on the 16th, which was past the 3-day grace period. On the 22nd, I received a letter from the court for the eviction which was filed on the 20th. I called the landlord and asked where my money order was and he stated he sent it to his attorney and I needed to contact him. Can the landlord still continue with an eviction after he accepted the rent? It has been over a week and I haven’t seem my money come back…..Also, the evcition which was filed on the 20th, states he is seeking past due rent, nothing was past due since he received it on the 16th…….Please help……
Posted in Landlord Tenant Law
all I can say is I cannot believe ur landlord was so dramatic like that.You were only 6 days late.My god.I’m sorry to hear that.I think he can still go through with the eviction,and if this is what he’s doin I wouldn’t pay him again.Evictions take a while.so save ur money and move.I mean if it’s his mission to have u evicted,why pay the rent??I dunno,he sounds like a real uptight butt hole.Good luck to u.
it appears your landlord is using
bullying tactics.
IF you were late and you paid
late fees–or even if you did not
just go to court and when your name
is called, go to the defendant’s seat
and be sworn in.
When the judge asks you if you
paid the rent, show him-her proof
with the receipt for the MO.
if you were late, have CASH with you
and indicate that to the court
and you will be found safe from
evication unless you have
violated some other tenant of the
lease…..
what you are going through is common and you cannot be
through out if the only complaint
is no rent paid.
IF you are on a month-to-month–
remember that the landlord CAN
evict you with a 30 day notice
WITOUT having any reason.
Peace.
There has to be more to the story. Are you always late?
Anyway, it doesn’t really matter. You owed back rent. You were late paying your rent, but you still owe the back rent. Your landlord can keep any monies owed him and he can evict you for violating the terms of your contract. It doesn’t sound fair, but it’s legal.