Comments on: After paying up back rent my friend still received an eviction notice,what are his rights?

By: ILoveKeyLimePie

ILoveKeyLimePie — Wed, 29 Jul 2009 21:28:54 +0000

In general, if a landlord accepts your money after filing for eviction based upon non-payment, they lose the right to proceed with the eviction.

FYI, attorney fees for a simple notice are nowhere near the amount your friend paid.

By: boston857

boston857 — Tue, 28 Jul 2009 07:47:48 +0000

He can still be evicted ….

The smart thing to have done was to get the landlord to file a dismisal with prejudice of the eviction notice, after negotiating the settlement

By: Carol

Carol — Fri, 24 Jul 2009 21:42:23 +0000

That depends, on whether he was telling you the whole truth, or not. He may have caused a lot of damage to the apartment, or broke one of the other rules in the lease. It’s hard to say … unless one has all the facts. I’m pretty sure the landlord wouldn’t evict him, without just reason.

By: Ronin

Ronin — Thu, 23 Jul 2009 21:04:44 +0000

Some aspects vary state to state, you need to check the landlord/tenant code for your state.
Generally the landlord needs to give notice that he’s going to evict. If it’s for lack of payment, he can do so after 5 days of non-payment, for other infractions, it’s a longer delay. It sounds like he is violating the terms as I know them.

By: RN

RN — Thu, 23 Jul 2009 07:35:06 +0000

Did your friend get a receipt? That can make all the difference when going to court over an eviction. One thing to note is that most landlords have a single lawyer do 100s of evictions so their documentation usually is not very good.

By: Joe C

Joe C — Wed, 22 Jul 2009 17:20:49 +0000

He was tricked, apparently.

By: ogrendle

ogrendle — Mon, 20 Jul 2009 12:03:07 +0000

Does he have a lease? In any event he is probably screwed