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Eviction (by Darcy [IA]) Oct 9, 2017 2:16 PM
       Eviction (by OPM [OR]) Oct 9, 2017 2:35 PM
       Eviction (by Coplin [CA]) Oct 9, 2017 5:08 PM
       Eviction (by Laura [VA]) Oct 9, 2017 6:03 PM
       Eviction (by Darcy [IA]) Oct 9, 2017 6:07 PM
       Eviction (by Vee [OH]) Oct 10, 2017 5:56 AM
       Eviction (by NC INVESTOR [NC]) Oct 10, 2017 1:39 PM

Eviction (by Darcy [IA]) Posted on: Oct 9, 2017 2:16 PM

I have a resident that I filed eviction on and after I filed, they made a payment at the bank. (I have an account for rent deposits) Do I give them the money back saying I can't accept it because I filed for eviction? Do I bring the check to court and give it back? Has anyone had experience with this issue?

Thank you for all your help.


Eviction (by OPM [OR]) Posted on: Oct 9, 2017 2:35 PM

This may be one of the reasons you don't allow direct deposit.. it creates a waiver, at least in my state and courts and their deposit into the bank means it is paid... all subject to State LL/tenant laws of course..

Check your St and local.. good luck --162.247.xx.xx

Eviction (by Coplin [CA]) Posted on: Oct 9, 2017 5:08 PM

Had it happen once to me here in So. Ca. My attorney mailed him a cashier check saying I did not accept the money since the time limit expired.

To prevent this from happening again, since I have a small number of units, each gets it's own saving account with me as the only signatory. Once the time limit expires I close the account so no one can deposit to it.

Works for me. --47.156.x.xxx

Eviction (by Laura [VA]) Posted on: Oct 9, 2017 6:03 PM

Did you impose a late fee because they were late? Did they pay it? If they did not pay everything they owe you, you can proceed...(at least here in VA you can.) You probably need to ask an atty. --67.172.xxx.xxx

Eviction (by Darcy [IA]) Posted on: Oct 9, 2017 6:07 PM

I did impose a late fee and they did pay it. It was after the 3 days, after I filed for eviction, but before they were served. --216.201.xx.xx

Eviction (by Vee [OH]) Posted on: Oct 10, 2017 5:56 AM

I have places in several local court zones, some have ruled the late fee can not be charged after the pay/quit notice has been served, others do not have anything, our state law does not - check your tenant laws book, legal help is by far the most expensive hourly pay rate we see. --76.188.xxx.xx

Eviction (by NC INVESTOR [NC]) Posted on: Oct 10, 2017 1:39 PM

You may want to check your state laws. Our lease allows us to accept partial or full payments after the eviction has been filed for. Payment does not preclude our right to proceed. --75.181.xxx.xx

Subject: RE: Eviction
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