Q: If my landlord gave mom a 60-day no-cause eviction, then accepted her on time rent payment, does that void it?
My mom was supposed to be out by the 1st of January (no-cause). Court date was set for the 16th of January since she didn't move. Today he accepted her on time rent payment (it was due by the 5th). Does he still have the right to evict her or does it start the process over?
A: If a landlord accepts rent for time past the landlord's termination notice effective date, then they likely have waived their right to evict based on that notice. A potential fly in the ointment here appears to be that the landlord can return the funds within 10 days of receiving them and not have it legally count as having received the money. After those 10 days, if the money has not been refunded, it has been accepted and the waiver is definite. So Mom may want to stay silent and see what happens while also seeking an alternative place to move to. If the landlord does not return the funds, Mom may want to consult a landlord-tenant attorney about representing her in court. This is the type of case that once confirmed, an attorney may well represent Mom on a contingency wherein he will collect his fees from the landlord after prevailing rather than from Mom. If she somehow doesn't win, then the attorney goes unpaid. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
