Eviction legal question
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Eviction legal question (by Roy [AL]) Feb 12, 2018 6:21 AM
       Eviction legal question (by NC INVESTOR [NC]) Feb 12, 2018 6:42 AM
       Eviction legal question (by S i d [MO]) Feb 12, 2018 6:46 AM
       Eviction legal question (by Vee [OH]) Feb 12, 2018 6:56 AM
       Eviction legal question (by Sisco [MO]) Feb 12, 2018 7:03 AM
       Eviction legal question (by OPM [OR]) Feb 12, 2018 7:53 AM
       Eviction legal question (by Roy [AL]) Feb 12, 2018 7:54 AM
       Eviction legal question (by S i d [MO]) Feb 12, 2018 8:02 AM
       Eviction legal question (by Jeff [CO]) Feb 12, 2018 8:06 AM
       Eviction legal question (by Ken [NY]) Feb 12, 2018 8:12 AM
       Eviction legal question (by AllyM [NJ]) Feb 12, 2018 8:22 AM
       Eviction legal question (by S i d [MO]) Feb 12, 2018 9:47 AM
       Eviction legal question (by Roy [AL]) Feb 12, 2018 3:54 PM
       Eviction legal question (by Roy [AL]) Feb 12, 2018 4:15 PM
       Eviction legal question (by Jeff [CO]) Feb 12, 2018 4:27 PM
       Eviction legal question (by Roy [AL]) Feb 12, 2018 5:49 PM
       Eviction legal question (by Jeff [CO]) Feb 12, 2018 5:51 PM
       Eviction legal question (by S i d [MO]) Feb 13, 2018 6:21 AM
       Eviction legal question (by Ray-N-Pa [PA]) Feb 13, 2018 4:30 PM


Eviction legal question (by Roy [AL]) Posted on: Feb 12, 2018 6:21 AM
Message:

Once you file for eviction for non-payment of rent and the constable has served the papers, and then your tenant decides to pay rent right after the constable leaves, does acceptance of that rent make the eviction 'null and void' ? What complicates this question even more is 'direct deposit' in your bank account can be a legal form of 'acceptance',...according to my attorney.

Your thoughts? --68.63.xxx.xxx




Eviction legal question (by NC INVESTOR [NC]) Posted on: Feb 12, 2018 6:42 AM
Message:

If they pay their past due rent then the eviction, if based on not being current, does invalidate an eviction. In our area and noted in our lease acceptance of partial payment does not prevent us from continuing with the eviction.

It is a matter of do you want to keep the tenant. If you think it's time to send them packing then do not accept the rent if that is allowed in your area.

Direct deposit does complicate it but my attorney has always advised that when the tenant pays you can immediately return the funds by check or ACH. Take a copy of the check and send it by registered mail as proof for the court hearing. If you use ACH you simply need the bank receipt to prove return of funds mailing it by registered mail not required.

Don't for get to check your local laws regarding this. --71.75.xx.xx




Eviction legal question (by S i d [MO]) Posted on: Feb 12, 2018 6:46 AM
Message:

Since you already have a relationship with your attorney, I'd ask him/her these questions. He/she will know the judge and the law. Laws + judge = what happens in Roy's town.

In my town, I can evict them simply for paying late, even if I accept every penny due including attorney fees, court fees, and late fees. They agreed to pay on X-date, not X-date + whatever they wanna do. As a matter of practical course, however, I will not toss a paying tenant unless there are other serious issues. --173.17.xx.xx




Eviction legal question (by Vee [OH]) Posted on: Feb 12, 2018 6:56 AM
Message:

A very local question, however the late fee, court fee, lawyer fee, existing damages, actual rent must all be paid in full for me to stop what I hired the court to do. --76.188.xxx.xx




Eviction legal question (by Sisco [MO]) Posted on: Feb 12, 2018 7:03 AM
Message:

I have accepted payment from ex tenant who had been evicted, and had moved out. At the time payment was made,They were paying a debt.

In your case, the fact they did not in a timely fashion is your position for eviction/ lease termination. --72.172.xxx.xx




Eviction legal question (by OPM [OR]) Posted on: Feb 12, 2018 7:53 AM
Message:

The vary reason some should not use direct deposit as it creates a 'wavier' and ya start over... all dependent on state and jurisdiction --162.247.xx.xx




Eviction legal question (by Roy [AL]) Posted on: Feb 12, 2018 7:54 AM
Message:

I asked this question to find out how this issue is handled in your county,...not mine. Here rent received after filing can be accepted and does not void the eviction, however, it does give the tenant a reason to ask for a court date.

On February 1st, I accepted past due rent for January, plus late fees, plus court cost AND February rent from a tenant AFTER I was given the Writ of Possession. I spoke to the Constable about this and he said, 'if your tenant pays you what he owes and you choose to keep him,...I will not serve the Writ of Possession and put him on the street.

This was a good tenant for 1.5 years who had fallen on hard times. I enforced my own lease and dropped the hammer on him (no case by case stuff here). It took an eviction to get his attention that I mean business when the rent is late. --68.63.xxx.xxx




Eviction legal question (by S i d [MO]) Posted on: Feb 12, 2018 8:02 AM
Message:

Roy,

I love ya buddy, but I don't understand your line of questions. How does us giving you information that may not apply to your area help you?

Lookin' for clues to the puzzle. I always tell you what I'm doing, but as always....YMMV. --173.17.xx.xx




Eviction legal question (by Jeff [CO]) Posted on: Feb 12, 2018 8:06 AM
Message:

Here in Colorado acceptance of rent stops an eviction cold. What do you mean by direct deposit? --76.120.xx.xxx




Eviction legal question (by Ken [NY]) Posted on: Feb 12, 2018 8:12 AM
Message:

in my state if I take any rent at all once I start the process I have to start over --72.231.xxx.xxx




Eviction legal question (by AllyM [NJ]) Posted on: Feb 12, 2018 8:22 AM
Message:

Here in NJ repeated non payment still carries an eviction with it.. --73.33.xxx.xxx




Eviction legal question (by S i d [MO]) Posted on: Feb 12, 2018 9:47 AM
Message:

Wanted to clarify something....I was asked how I can still evict in Missouri even if I accept the rent/fees/costs. The way our statutes are written, as long as I do not get a money judgment, I can evict regardless.

How/why would this happen?

Let's say I have a tenant whom I suspect allowed her ex-convict boyfriend to move in, but I can't prove it. Or

she's dealing drugs, but again, very hard to prove. I can file for eviction the day her rent is late (that I CAN prove...it wasn't in the bank!) and ask for possession only...no money. If she deposits the rent/fees between the date I filed and the court date, I can accept the money but continue to evict for possession only.

MO Statute: 535.160. Tender of rent and costs on judgment date, effect not bar to landlord's appeal no stay of execution if no money judgment, exceptions. (stuff, stuff, stuff)...."If for any reason no money judgment is entered against the defendant and judgment for the plaintiff is limited only to possession of the subject premises, no stay of execution shall be had, except as provided by the provisions of section 535.110 or the rules of civil procedure or by agreement of the parties."

Now if the tenant is smart they can appeal per section 535.110 and possibly stay if they prove everything was paid up, but if they don't I can still get possession & keep the money I received, because I wasn't "asking" for money: I was asking for possession.

I wouldn't do this except at a "nuclear" option again a tenant who had other serious lease violation issues that were hard to prove but who still paid the rent...but maybe was just a few days late. RARE, that I would do this. VERY rare.

If I have asked for a money judgment and they pay the law requires me to dismiss.

--173.17.xx.xx




Eviction legal question (by Roy [AL]) Posted on: Feb 12, 2018 3:54 PM
Message:

Sid said,

'How does us giving you information that may not apply to your area help you'?

I ask these questions out of curiosity. Just like me asking what does it cost to file papers in your county? I am curious as to 'why' eviction filing cost are so high in my county and dirt cheap in other states?

I ask these questions to compare what goes on here in relation to what goes on in other states and counties. There are many questions that I post here in which I already know the answer to, however, I post them to find out how other LL's deal with the same situation.

Any more questions for me Sid? --68.63.xxx.xxx




Eviction legal question (by Roy [AL]) Posted on: Feb 12, 2018 4:15 PM
Message:

Jeff (CO)

Direct deposit is where a tenant visits your bank once a month and pays rent directly into your bank account. You have given the tenant your bank account number at the lease signing and have said this is the way you expect all future rents to be paid. This rent payment system eliminates the post office and all of those 'check is in the mail' claims. --68.63.xxx.xxx




Eviction legal question (by Jeff [CO]) Posted on: Feb 12, 2018 4:27 PM
Message:

I wouldn't call that direct deposit. When I think of direct deposit I am thinking ACH. Anyway, having the tenant to deposit checks is a bad method for several reasons. --76.120.xx.xxx




Eviction legal question (by Roy [AL]) Posted on: Feb 12, 2018 5:49 PM
Message:

Jeff (CO)

Most of my tenants deposit cash or use a debit card. Most of them do not even have a checking account. I think ACH requires a paper check but I may be mistaken. --68.63.xxx.xxx




Eviction legal question (by Jeff [CO]) Posted on: Feb 12, 2018 5:51 PM
Message:

Roy, ACH/direct deposit is electronic - no [paper. --76.120.xx.xxx




Eviction legal question (by S i d [MO]) Posted on: Feb 13, 2018 6:21 AM
Message:

Roy, no more questions....just curious...like you. ;-) --173.17.xx.xx




Eviction legal question (by Ray-N-Pa [PA]) Posted on: Feb 13, 2018 4:30 PM
Message:

Was payment the only reason you filed or was there another reason that has not been cured yet?

--24.101.xxx.xxx





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