QUESTION
Can I be evicted if I owe landlord money but I have been paying towards the balance?
Asked on Nov 06th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
I owe the landlord some back rent but I've been paying on it plus I paid last month's rent. I still owe some but housing is forcing me to move because he wouldn't make repairs. I'm on a fixed income and I can't move if I give him money right now. Can he still file an eviction?
3 ANSWERS
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
He can evict if you are behind but better yet, contact him IN WRITING and copy him on the letter that "housing" sent you. Tell him that you are placing your rent in escrow (and actually do it) until the repairs are complete. If he files to evict you show the JUDGE the letter from housing and your letter telling the landlord you are withholding rent until the repairs are complete. You may be evicted anyway but you will be able to stretch the time frame out a significant amount of time.
Answered on Nov 08th, 2013 at 10:06 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
But housing is forcing you to move! What difference does it make if he evicts you if you have to move anyway?
Answered on Nov 08th, 2013 at 10:04 AM
If you pay less than the full amount due, you are making a "partial payment." If the landlord accepts a partial payment without getting a signed partial payment agreement (see A.R.S. Section 33-1371(A)), then the landlord cannot evict you that month for nonpayment. It does not mean you don't owe the unpaid amount, it merely means that the landlord cannot evict you that month if she/he has accepted a partial payment that month.
Answered on Nov 08th, 2013 at 10:04 AM