Eviction process and possible cancellation?

4 Replies

hello all! I have tennants who have not paid rent or late payment in Nov. I issued the pay or quite notice and started the eviction process for November. December 2nd roles around and the tennants pay me 1700 (granted rent plus the late fee is 1650, however between November and Dec. the combined total is 3300) not including the court costs I spent to start the eviction process. does his 1700 dollar payment cancel my eviction process? I'm curious because 1700 covers at least one no th rent. can I argue that this 1700 is for the court fees and month of December December's rent and still procede with the eviction process? Thanks in advance for any help and knowledge.

In Wisconsin the answer is no. It doesn't cancel the eviction. Because it's already Dec 3rd, and they haven't paid for December rent, they're still behind on their rent. I've been to eviction court a handful of times here, and it's always the exact same thing. The judge starts by asking the tenant if they're behind on rent. If they say anything other than 'yes' or 'no', she tells them to answer 'yes' or 'no'. If they say 'yes', which they always do, unless they've been evicted a few times and know how to play the game, then the eviction is granted immediately, and you're asked if you want a damages hearing, then things go from there. 

Hopefully someone from VA can get on here and let us know if it works the same there!

My experience in Wyoming is the same. Unless they are completely caught up on rent, late fees, and court/legal fees, I proceed with the eviction. If they were current on everything, including December rent, then I would stop the eviction.

Mason,

Check with an attorney. It’s different in each state. In Florida, if they only pay half, and we accept payment, we draw up a stipulation which states that the remaining rent will be paid on xxxx date, if not paid on that date, the eviction continues as if it never stopped. Some states don’t allow partial payments, some do with regard to the continuance of the eviction of not!!!

Just be careful whatever you do do you don’t waste time and money and have to start over 

@Mason Moran only a local attorney can answer that for you. Here in Colorado if we accept partial payment we have to start the process over from square one, (notice to pay or quit). At the same time, we don't have to accept partial payment either and we don't have to accept any payment after they have been served. 

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here