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Any tenant, who lives anywhere in the United States, who has paid his rent and has proof that the rent has been paid, has no fear that a mindful landlord will evict him. The civil judicial system in each and every state, has specialized procedures for fairly and properly processing tenant evictions for nonpayment of rent. The problem with the question you pose, is that there are a number of tenants who lose their proof of rent payment, i.e. a rent receipt, canceled check, etc., and try to convince the court or tribunal that they have in fact paid the rent. Without proof the tenant will probably lose his case in court, this is the exception not the rule. I believe the above is true and good advise. I would add pragmatically, once the landlord wants you gone, your just going to end up with headaches staying, so finding another place - I agree an unfair pain - should be a real consideration. If he really wants you gone, you may be best off to just make a deal (that you hold to), of him giving you some a months rent or whatever, for you moving out by X date. But, I see the Q you asked was changed or morphed/linked to this one, and your original one said you actually didn't pay rent because you felt the landlord didn't maintain the place well. That will be looked at entirely differently by the housing court. You probably didn't have a right to withhold payment, certainly not all of it (proven by the fact you continued to live there and received the benefit of housing), and whatever amount if any may have been reasonable to hold back, needed to be placed with a 3rd party - attorney, housing sthority, that type of thing. More than that, you still owe it.

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โˆ™ 2007-02-02 02:04:48
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Q: What are your chances of winning if your landlord wants to evict you for non payment of rent and you have proof that the rent was paid?
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Can landlord evict tenant after eviction notice served but payment made in full?


If the landlords accepted half the rent owed can they then proceed to evict me?

Yes--unless you and the landlord made an agreement not to evict in writing, the landlord waives no right to evict you simply by accepting a partial rent payment. However, making even a partial payment shows good faith on your part. I suggest you work with the landlord prior to eviction--evictions are costly and complicated.

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