Q: Can a landlord demand next month's rent before it's due on top of judgment for previous month before eviction nullified?
We tried to pay Sept. rent on the 3pth but they wouldn't let us unless we paid October too. Judgment is just for September and we are still in apartment.
A: It depends. It is possible to contractually agree BEFORE to pay rent greater than one month (e.g. paying 1st and last months rent when you sign a lease). If the agreement is for paying one month at a time, then you are only required to pay one month at a time. Since you are in default, the situation gets more complex. Penalties (i.e. paying several months rent are contractual possibilities) can apply if they are included in the lease agreement. Similarly, a landlord (as a litigant) can add additional terms (e.g. extra payments) to withdraw an eviction claim. That said, you can go to court and show evidence that you tired to pay, but the landlord refused. The court will still make you pay the rent, but will likely reign-in an overzealous landlord from imposing putative measures that are not included in the lease agreement.
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