QUESTION

Can I pay the rent to court before eviction?

Asked on Jan 29th, 2013 on Landlord and Tenant Law - Delaware
More details to this question:
I am a disabled man facing eviction. My court date is 2/1/2013. I now have the money to pay rent but landlord avoiding or refusing to take rent. Rent and costs tendered by tenant. If, in any action brought to recover the possession of demised premises upon a forfeiture for the nonpayment of rent, the tenant, before judgment given in such action, pays or tenders the rent due and the costs of the action, all further proceedings in such action shall cease. If the plaintiff further prosecutes his action, and the defendant pays into court for the use of the plaintiff a sum equal to that which shall be found to be due, and the costs, to the time of such payment, or to the time of a tender and refusal, if one has occurred, the defendant shall recover from the plaintiff all subsequent costs; the plaintiff shall be allowed to receive the sum paid into court for his use, and the proceedings shall be stayed.
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5 ANSWERS

File a response to the 5-day Notice to Pay Rent or Quit Premises that was issued by the Court and served on you. If you don't have that, file a petition with the court asap to avoid eviction. You can pay up until the court date, but you must respond so that the court will place the matter on calendar. Otherwise, the court will not know that you have a defense and the constable will receive an order to evict you. You should get a notice of eviction by the constable. If so, respond to it as explained on its face. If you have not received it, you must file something with the court to stop everything.
Answered on Feb 01st, 2013 at 8:00 PM

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Business Law Attorney serving Mount Pleasant, MI at Office of Michael Hyde PLLC
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If your notice to quit was for non-payment of rent, then yes, paying the funds into the court will stay eviction. The fact that your landlord is avoiding you does not change the fact that you have paid the rent and costs requested to avoid eviction. In many jurisdictions a court officer other than a judge will hear the case. When your case is called and you are seated before the hearing officer, make an offer to pay. Or, prior to the hearing you may pay the funds into escrow with the court clerk and get a receipt. If you pay the landlord while in court, make sure it is recorded on the record and that you get a receipt of some kind. Caveat: It is unclear from your post if you live in an apartment, a single family home or a mobile home. If you live in a mobile home, the rules may be a little different. If the landlord is also the park, and you have had at least 3 notices to quit in a 12 month period, the park can proceed to evict you regardless if you pay the rent owed.
Answered on Feb 01st, 2013 at 4:31 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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If you are in NC then yes you can pay rent and costs before trial. If your landlord refuses to accept, you need to take the money to Court and tender it there. There is a clause in some leases which defeats this method. You should consult with Legal Aid
Answered on Feb 01st, 2013 at 10:41 AM

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The problem you face is that the landlord can rightfully reject your funds if you failed to pay during the 3 day notice to pay rent or quit. Once the 3 day notice has expired the landlord can opt to file or wait for you to pay the rent. In your case it seems that he chose to file and does not have to accept your rent any longer. If the landlord was to accept your rent he would have to dismiss the unlawful detainer. Each unlawful deatiner is different and factually you may have other issues that could be raised outside of the landlord not accepting rent after the 3 day period.
Answered on Jan 31st, 2013 at 11:00 AM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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You must pay the landlord and it is up to him if he wants to allow you to stay if writ of possession already filed.
Answered on Jan 31st, 2013 at 10:58 AM

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