Landlord and Tenant issue.

[cobra29]

My tenant has not paid rent and I file a failed to pay rent at the court. They never showed up at the court date and the judge has awarded me "warrant of restitution" I waited 5 days (the appeal time frame" and I went back to the court and file for warrant of restitution. I received the court letter through the mail and a day later I received two checks from the tenant. One was for the past due amount and one for the current month. I went ahead and deposit the past due amount. I am now wondering if I could still have them evicted and deposit the current month rent?

Thanks.

 

[esqeddy]

My tenant has not paid rent and I file a failed to pay rent at the court. They never showed up at the court date and the judge has awarded me "warrant of restitution" I waited 5 days (the appeal time frame" and I went back to the court and file for warrant of restitution. I received the court letter through the mail and a day later I received two checks from the tenant. One was for the past due amount and one for the current month. I went ahead and deposit the past due amount. I am now wondering if I could still have them evicted and deposit the current month rent?

Thanks.

You need to ask an attorney familiar with landlord-tenant law in YOUR state. Laws vary state-to-state. You may get the court to tell you what you can do, but usually they will not advise litigants.

Whatever you do, do not rely on what some bozo from a forum tells you, unless he is a lawyer in your state. Doing the wrong thing could result in liability for the landlord.

 

[ff500]

I own some rental property, It depends on what type of rental agreement you have, 30 day tenant at will, or did they sign a 1 year agreement. If its 30days you or they must give 30 day written notice prior to the next 30 day rental period. When paying rent its for the next 30 days, meaning rent due on Feb 1 is for the month of Feb, with a mortgage you pay for the prior 30 days. This is what I know for Massachusetts.