Q: Am I being wrongfully evicted?When the landlord made a text agreement to have rent late?Can she still evict?
In February 2017 I had a family emergency that I had to leave for,when I got back we asked our landlord if we could pay February rent on the 28th along with the next months rent.She said she would ask the owner,a day or 2 later she replied to us and said yes the owner was okay with that.This was all done through text messages.On February 28th she texted us in the morning asking when we would get that out to her, we told her that we were getting it that day and mailing it out.My husbands phone died after that,he works nights and didn't get to turn his phone back on till the next morning March 1,2017.He saw the text where she said she would meet us just this once to pick up the check,he replied to her March 1st as soon as he saw the text saying he still has the check and he would hold it till 4 pm if he did not hear back by then he would mail it out.4 hours later she texted back saying she already filed for eviction.Not once did she call me(the wife that is on the lease as well).
A: If your rent is paid in full and your are otherwise in compliance with the lease, then there is no basis for eviction. You cannot withhold rent for any reason. Tender your rent now and the landlord should withdraw the eviction. If the landlord persists, you will need to attend the hearing and provide evidence of your payment of the rent in full.
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