Q: Can I be evicted if in Aug I paid over half my rent then Sept and Oct paid rent in full
I told them what had happened and asked if they would work with me and make payments twords the rent they never reached out and now I have court papers to go to court is this legal
A:
As a tenant you have a duty to pay the full amount owed for rent every month, but your landlord can accept partial payments and still retain the right to terminate your tenancy for failure to pay rent. However, there are circumstances in which your landlord has waived their right to terminate your tenancy when accepting partial payment of rent. This occurs when a particular violation of the rental agreement or of law if the landlord: (a) during three or more separate rental periods, accepts rent with knowledge of the violation by the tenant; or (b) Accepts performance by a tenant that varies from the terms of the rental agreement. Without seeing the lease agreement, notices of termination, and other correspondence with your landlord it is difficult to know if either circumstance applies.
However, if you can you should offer to pay the full amount that you currently owe your landlord with the goal of having your landlord dismiss the case. If you have not spoken with a landlord tenant attorney you should do so.
Good luck.
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