I got a judgement and eviction, but tenant suddenly pay me April's rent. If this tenant owe me May rent again, could I postpone this same eviction from court to May?

Thanks.

You can't sue for for wrongs that haven't happened yet.

In virginia you have up to 1 year to execute the eviction. I love it when this happens as I can then get them out quicker next time owing less money. Here is how I would handle it.

I sued tenant for Feb. and March rent, got a judgement.

then tenant pays Feb. rent and Fish pays March rent now.

How could I refuse 2 months rent? So, I accepted 2 month rent.

but I worry it will happen again on April or May, so my old sue still working on the same tenant for upper one year?!

Great VA law! Thank you to tell me this good news, Barbara !

Barbara:

How about unlawful detainer(VA)? could I postpone it to May also if tenant not pay rent again? because Fairfax court will call me 10 days from now.

Not sure of your state law, but in Indiana as long as you don't cash/deposit the check it's not considered paid. I would have just held the check and completed the eviction.

Taking rent and eviction very tricky. If you filed for non pay and don't have a consent agreement from court the process is to next file for the Writ of Possession. Here in GA you must swear -- in order to get the Writ issued -- that you have not accepted ANY MONEY. Key word ANY. If you did you have to start over. If the tenant showed up in court and you have a consent agreement with them to make payments with a schedule and they have missed any of those payments you can now file the Writ with the stipulation that the agreed to consent with tenant and judge has been violated.

As most here know we accept payment -- even as where setting out stuff. Our business is RENTING out and collecting rent.

Barbara - that's good info.

Also - read LL/Tenant laws where it talks about accepting payment "with Reservation"

In my place, its called non-waiver.. you can only do it before the judgement is issued.. If you accept money after judgement, it construes negotiating a new lease..

Thank you DJ for reminding me of the "accepting rent with reservation" that phrase should be included in all your notices as well as lease. I use pre-made notices and that have it in there automatically so forgot to mention it.

Good info Barbara. Thanks for the reminder/update. When we are fortunate enough not to have to file unlawful detainer, it is easy to forget just what the law is in Va.

Hoosier IN -- you sure about that? OR is this legend from a LL?

Don't forget to add in all the related costs of going to court, best to check now for damages and get paid for that in the next rent cycle, there may not be enough left to pay the rent.

You will not believe this:

Why this tenant pay Feb. rent to me? because she apply Fish helping to pay March rent, said she be sued by landlord, so Fish will help her one month rent, I did say if you and Fish can pay me two month rents, why we go to court? She said have to go to court! Fish want to see court's judgement, then pay me. and Fish required me to write an agreement about allowed her can still my unit on April, then they pay 2 month's rent.

So, I agreed not eviction her on April, and get 2 month's rent.

I got a judgement with my lawyer on court(3-29-19), I asked her why she did not show up at court time, she said she was there, but she went to bathroom. Anyway that is not important.

after court time, my lawyer bring me to next room get unlawful detainer proceeding. paid $25.

I just get a call today from court sheriff asking me about 4-23-19

do move out everything of this tenant. I cancell it, because I already wrote an agreement, and I will reset it on May, If she did not pay me April rent, I agreed she will pay 3 times of April rent. so far, I did not see any rent yet ! I just wait what will happen on April, then go to court get eviction again on May !

You will not believe this:

Why this tenant pay Feb. rent to me? because she apply Fish helping to pay March rent, said she be sued by landlord, so Fish will help her one month rent, I did say if you and Fish can pay me two month rents, why we go to court? She said have to go to court! Fish want to see court's judgement, then pay me. and Fish required me to write an agreement about allowed her can still my unit on April, then they pay 2 month's rent.

So, I agreed not eviction her on April, and get 2 month's rent.

I got a judgement with my lawyer on court(3-29-19), I asked her why she did not show up at court time, she said she was there, but she went to bathroom. Anyway that is not important.

after court time, my lawyer bring me to next room get unlawful detainer proceeding. paid $25.

I just get a call today from court sheriff asking me about 4-23-19

do move out everything of this tenant. I cancell it, because I already wrote an agreement, and I will reset it on May, If she did not pay me April rent, I agreed she will pay 3 times of April rent. so far, I did not see any rent yet ! I just wait what will happen on April, then go to court get eviction again on May !

You will not believe this:

Why this tenant pay Feb. rent to me? because she apply Fish helping to pay March rent, said she be sued by landlord, so Fish will help her one month rent, I did say if you and Fish can pay me two month rents, why we go to court? She said have to go to court! Fish want to see court's judgement, then pay me. and Fish required me to write an agreement about allowed her can still my unit on April, then they pay 2 month's rent.

So, I agreed not eviction her on April, and get 2 month's rent.

I got a judgement with my lawyer on court(3-29-19), I asked her why she did not show up at court time, she said she was there, but she went to bathroom. Anyway that is not important.

after court time, my lawyer bring me to next room get unlawful detainer proceeding. paid $25.

I just get a call today from court sheriff asking me about 4-23-19

do move out everything of this tenant. I cancell it, because I already wrote an agreement, and I will reset it on May, If she did not pay me April rent, I agreed she will pay 3 times of April rent. so far, I did not see any rent yet ! I just wait what will happen on April, then go to court get eviction again on May !