Q: If I have paid everything up to date and have a zero balance going into an eviction hearing, will the landlord or me win
A:
The answer will depend on certain facts.
First, it will depend on whether the landlord is seeking unpaid rent or the return of possession or something else, or all three.
Second, if you paid the rent that was in arrears to the landlord and the landlord DID NOT GIVE you a written letter that stated he was accepting your rent with reservations of rights, then you will most likely be successful.
Third, if you paid the rent that was in arrears to the landlord and the landlord GAVE you a written letter that stated he was accepting your rent with reservations of rights, then the landlord will most likely be successful.
Fourth, if your rent arrearage was paid up and no outstanding balance remains, the landlord may only ask the Court for the possession of the premises to be awarded to him/her and no damages for the rent. It depends on what the Unlawful Detainer states as the claims.
Fifth, on any of the above, you may or may not have the right to the return of any security deposit that you paid at the commencement of the lease.
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