8 Replies

can someone please tell me.....if I am being evicted ( I have not yet received a court appearance date but I have received a three day notice. If I have the amount for my rent before or on the court date can I be evicted? Do I have to pay the court costs as well?

No court costs, unless you have been served by a Process Server,

Go pay your rent.

But technically you could be evicted anyway if the Landlord wants you gone.

Go pay your rent.

In some cases it can depend on how many times you've been late before. In my area if you've been late a certain amount of times previously, then the Judge will allow the landlord to file for an eviction no matter if you pay or not. 

Best thing to do is communicate honestly with your landlord and get your rent paid as soon as possible. 

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Do you plan on ignoring the 3 Day Pay or Quit notice? If not, once you pay the rent (and likely late fees) before the date on the notice, you can't be evicted for non-payment.

But if you have the money, pay the rent.

I have most of it. The money that I. Was planning to use to supplement my check to have all of it fell through on the final day of the notice. As long as the sale of a vehicle goes as planned this time, tomorrow I will have the rest. I have previously been late, but have always paid and paid every penny of the late fees with no problem.

It sounds like the property may be more than you can comfortably afford. If that's the case, you and your landlord might work something out for an early termination of your lease. I've had tenants that have had occasional problems with being late and have paid the late fees as well, but if I have to chase them to find out when they plan on paying the rent, it gets old quickly. I still have to pay my mortgage, taxes, insurance and maintenance fees on time every month. 

Have you and your landlord communicated before the rent is late? Hopefully you can work things out.

Usually the landlord can't even file with the court before the three days from the three day notice has passed.  So, if you get your money to your landlord before the end of those three days you should be fine.  Here in CO if your rent was due on the 1st and I didn't have money on the 5th I would post the pay or quit notice.  Then, I have to wait three days before I can start the process to evict you.  That would be the 8th, or the next Monday if the 8th is a weekend or Holiday.  I would start the process on the 8th or the next work day and that would incur costs.  If you came up with the rent after the 8th, but before we actually went to court, you would have to pay whatever costs I had incurred, late fees and the rent to get me to stop the process.  At that point its probably less than the full costs that would be incurred if it actually went to court.

But its the 14th now and I would likely have already paid my attorney, filed the eviction paperwork and have a court date.  So you would owe me that.

Now, when I'm actually in this situation, I have a discussion with the tenant.  Typically we agree on some date.  So, if we had agreed to the 15th for you to pay the rent and late fees, I would have given you a pay or quit on the 12th.  As long as you paid me by the 15th we would be OK.   On the 16th I would start the eviction process.

I know this is an old topic, but to add to the discussion for future searches:

In CT, the Notice to Quit (3 day notice) can include the statement:

“Any payments tendered after the date specified to quit possession or occupancy, or the date of the completion of the pretermination process if that is later, will be accepted for use and occupancy only and not for rent, with full reservation of rights to continue with the eviction action.”

In the end, we want to find a win-win situation, though. We're just trying to run a business. Talk to your landlord and see if he's willing to stop the process in exchange for the rent.