This is related to the other post I made on the hearing this Wednesday. An agency is supposed to pay me the arrears for a tenant to avoid eviction but I've not received the check and the hearing is set for tomorrow. Let's suppose I prevail at the hearing but the check arrives afterward, do I have to return it? The money is still owed. I'm thinking I should keep it and still put him out.

Whenever I've had an agency promise to pay the unpaid rent. I've had to sign a paper saying that I would cease with the eviction. Did you have to sign anything?

(Also, the agency usually contacts me BEFORE I've filed-but AFTER I've given the tenant a 3 day notice.)

If it were me, once I've filed. I go ahead and go to court.

most times the contract you sign says you agree to stop eviction. Despite that - the 2 situations:

1. you get your judgment on Wednesday ... you can file for possession on June 5. For some reason he/the agency doesn't pay and he has to be out by the 16th of June. you have your property back June 16.

2. you get your judgment on Wednesday. Before you file for possession, May's rent gets paid by the agency. Did you include your costs and late fees in the claim? Now it's June 1 and he should have your money. If he doesn't you can cross your fingers and file for possession on the 5th. Or you can file a new complaint on June 2, worse case scenario is the hearing by the 12th, file for possession on the 23nd, set out July 5.

If you have not signed an agreement to let him stay by accepting the funds, then it would be the same as if Dear Old Aunt Tilly or the tenant himself handed you the money. It is owed. Keep the money, continue the process.

If this is bugging you, call them today and let them know the hearing is tomorrow. If they are truly interested in helping him, they will OVERNIGHT that check to you and/or send it via courier. If they are typical bureaucrats who do things on their own schedule whenever they feel like getting around to it, then I have zero problem taking the funds and continuing the set-out as scheduled.

You have done nothing wrong. You have done everything right. It's time for you to get paid.

I signed nothing with any agency. I spoke with another agency who was arranging the assistance with yet another agency. I sent him a laying out conditions for staying which included full payment of the arrears prior to the hearing. I spoke to him last week and the check was supposedly in the mail, but I have not received and I did not stop the process. At this point, I'm going to proceed.

Here in our state after you have your day in court and given possession (on paper) you have to file for the Writ of Possession. That Writ says you HAVE NOT accepted any funds-- key word ANY. When the sheriff gets to the property (usually within 7 to 10 days) he allows you and your crew to do the set out--------- you still can not have accepted any funds------- if you do your in contempt of the writ.

I will again state here-- you can put anything you want in the lease-- if it's contrary to the LAW it won't hold up and you'll be held liable.

... I've had no contact whatsoever with the agency supposedly paying this...

then the money isn't coming. They call you. Tenants go in and fill out massive amounts of paperwork. You fill out paperwork. Agency double checks again about the amount before the check is issued.

Have your hearing ... no reason to cancel it since you haven't been paid. If he shows up, be nice and "work" with him ... your goal is to get your $$$. Keep proceeding ... I file things at 8:00 a.m. the first day I can ... that way the constable has the paperwork when he comes in that day and you don't lose a day.

myob - he can accept money ... the tenant can even pay the constable on the spot when he goes to lock them out. The key for lock out is the entire balance can't be paid. In other words, if he owes $501 and pays $500 you can set him out ... but not if he pays the $501.

Nicole PA you say potatoes I say patatoe.

Here as I say you have to swear you have not accepted "any rent". Case law is different from black and white in print.

As long as you know this for sure in GCARLs case in his state OK but gentle warning for others be careful taking anything when writ is in works.

Take it from someone who was accused of taking rent while doing a set out-- spent 3 days in jail and $8K on attorney fees to prove I didn't.

FYI tenant left money order in the door after the set out and after we left the site. When we went back to check property the m/order was stuck in door. That's when I took it. She must have wanted me to have it???? Took posting 5K bail and one year for trial to come up to be found innocent.

Based on what Nicole is saying, you can take the money as long as it is not payment in full and you didn't sign anything, then continue with the case. I have one judge that does it that way. Another judge says any money accepted after filing, even before the hearing, dismisses the case. Indiana still does not have a clear law on this so it comes down to what the judge's opinion is.

I'm seconding Susan from OH. Be careful. - But I would ask for proof of his extraordinary tale. A sworn statement perhaps (affidavit) regarding his son committing these crimes? Talk is cheap, make him corroborate that b.s.