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If a tenant pays some of the judgment against him during the eviction process can he stay in dwelling?
Wiki User
∙ 14y ago
Most courts can only allow a tenant to stay if the tenant has the entire arrearage. Some courts won't even do that.
Wiki User
∙ 14y ago
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Can you as a landlord accept back rent after filing a writ in Texas?
In most states is the landlord who has to follow every step of the eviction process. If at any time the landlord chooses to accept money in exchange for allowing you to remain in the dwelling, then the eviction process is canceled - even if a writ of ejectment has already been signed by a judge.
Is a stay of eviction considered eviction?
No, a stay of eviction is simply a delay in the eviction process, which may be the result of a dispute, such as of how much rent to pay.
What rights do you have after being served an eviction notice by the sheriff?
After being served an eviction notice by the sheriff, you typically still have the right to respond to the notice and present any relevant defenses in court. You may have the right to request a hearing to contest the eviction and seek additional time to stay in the property. It is important to consult with an attorney or legal aid organization to understand your specific rights and options in your jurisdiction.
How long is the eviction process from start to finish in Fl?
This depends upon the reason for the eviction, as the process is normally faster when it's an eviction for nonpayment of rent. An eviction process for this type of eviction is about three weeks from the date the eviction is filed, keeping in mind that before the eviction can get filed the landlord must post a three day notice on the door or deliver it otherwise to the tenant. If the eviction is for other reasons than the process can be longer but the tenant will still have to pay rent, more likely to the clerk's office instead of the landlord (the landlord will eventually get that money -14% in fees for the clerk).
Can a commercial landlord in Louisiana seize the equipment and inventory of a retail store when an eviction notice is served if the tenant can't make a lease payment?
If the tenant did not vacate (self and property) within 24 hours of notice of judgment of eviction, then the property left behind can be seized. You can delay and fight eviction though, and the process itself takes some time. They have to give you a notice to vacate, and then an Rule for Possession, and then there is a court date, and then you can appeal, and if all that fails you have 24 hours to get out after the judgment.
Can you get an eviction notice for your wife?
Any tenant can be served an eviction notice. An eviction notice starts the court process to remove an occupant from the premises. In addition to the court process, a landlord may report the tenant to NoPayTenants.com.
Where do I go to begin an eviction process for people living in my rental housing?
To begin the eviction process you will need to contact an attorney who specializes in tenant law.
How do i begin an evict i fiI do?
A person will need to file eviction papers at the local courthouse to start the eviction process.
How can you stop a lock out eviction when you were never served papers the process server lied on the proof of service so they could get a default judgment?
You can't. A process server is almost like an officer of the court. A judge will take his word. And it doesn't matter if the server lied...it's your word against his. And you saying he lied is like someone telling a judge that the parking ticket must have blown off the car. I bet the judge has heard your accusation a million times. The odds you can stop a lockout eviction after the fact are low.
Is a writ of possession an eviction?
It is one part of the whole eviction process. The writ is what you give to the Sheriff for the eviction. Then the Sheriff goes to the property and does what they need to according to lawful procedures.
What protects the landlord against financial losses in case the renter damages the dwelling or fails to pay rent?
Security deposit protects agains damage. Not much really protects the landlord against failure to pay rent, except maybe a last-month-rent deposit. Whenever a tenant falls behind on rent, the landlord should move quickly to start the eviction process. They can always slow down later.
How the Eviction Process Works?
Eviction is an ugly and scary process. People who are facing eviction have rights that are often overlooked because fear has gripped them. Each state has different eviction laws and some towns/cities have local laws that can help a person in danger of eviction. Eviction is the act of a landlord forcing a person to leave a home or business for of lack of payment for past due rent. The process is a long and arduous one for people who are going through it. The first thing that has to occur in most states is the tenant's failure to pay rent. There are several other reasons that someone might be evicted from the home as well. Other than owing rent, the tenant must follow the lease to the letter to avoid eviction. If the lease allows only one person to live in the dwelling (home) and there is more than one person living there, the landlord can evict the tenant. If the lease says "no pets" and a pet is living in the home, the landlord can evict the tenant. The landlord has to take the case to court in order to obtain an eviction. The most common type of eviction is for non-payment of rent. The landlord cannot file for an eviction until the day after the rent is due. As soon as the rent is past due, even by one day, the landlord has the right to file in court. After the landlord files the paperwork, a court date will be assigned. The court date is generally about two weeks from the date the landlord filed. If the rent is paid prior to the court date, the tenant does not have to appear in court. If the tenant does not pay, he or she can show up in court to state why he or she did not pay rent. The eviction process will likely go in favor of the landlord. The tenant will be sent a notice, in most cases, after the police are contacted and an eviction day is set. The police will escort the landlord to the home and the eviction process will take place. The only way to stop eviction in this case is to pay the rent prior to the eviction date. In that case, the tenant will be able to remain in the dwelling. If the three orders of eviction are given by a judge in a one year period, it results in an automatic eviction in most states.
