If a landlord received rent from a tenant on time and landlord still filed eviction what can the tenant do to protect themselves?
Is the eviction for none payment of rent?
What's the reason for the eviction? Non payment is only one reason for eviction.
Jon Holdman, Flying Phoenix LLC
Eviction is for non-payment, tenant paid rent on time. Landlord took the next month rent.
so the rent has been paid on time, meaning the 1st every month and all of the sudden there is an eviction filed? Maybe it was an error, if that is the case? In that case contact he landlord and see what is going on. Have the check numbers that were used to pay rent so you have some documentation and it should be cleared up.
Maybe a previous month rent was not paid and the question is now whether the acceptance of the current month's rent re-sets the clock?
At THIS point in time, are ALL outstanding charges (rent for previous months, late fees, possible tenant owed repairs, etc) current?
@ Kyle Hipp, I'm hoping it was an error. I will be calling the office first thing in the morning to get this cleared up as I am trying to get into Real Estate myself, this is a big headache knowing there is a possible eviction being filed and it will go to NTN and the 3 major credit companies. This is not good.
@ Andrew S. that is not the case. Rent was paid on time as it was agreed between landlord and tenant. I don't know what the issue is on the landlord part but as I stated previously I will be contacting the landlord office first thing tomorrow morning to find out what happen to my rent that was paid. I'm thinking now that the landlord lost my rent and she is blaming me for not paying rent.
Well, if you have the cancelled check, the landlord will have a tough time claiming they didn't get the rent. In any event, there is very good chance you will be able to resolve this - eviction is not an appealing process for the landlord either.
New Jersey is very tenant friendly. There is usually a "Cure" period. Like the others stated, if you have proof of payment, the courts will throw out the case.
Thurmon Cohen | 609‑575‑8564 | http://www.thecmpro.com
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