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About to go to court for Summary Possession hearing

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emlymai

Junior Member
I'm in Delaware. I'm the tenant. I'm about to go to court for a summary possession hearing. I can pay 90% of the rental balance due tomorrow when a check clears, and I can pay the balance next Wednesday when I get paid. What are the chances that I won't be evicted? Thanks
 


FarmerJ

Senior Member
Offer to the court what you propose , if the LL is willing so be it. No way to know how it will turn out.
 

sandyclaus

Senior Member
I'm in Delaware. I'm the tenant. I'm about to go to court for a summary possession hearing. I can pay 90% of the rental balance due tomorrow when a check clears, and I can pay the balance next Wednesday when I get paid. What are the chances that I won't be evicted? Thanks
It probably depends on how long the rent has gone unpaid and whether or not the LL is willing to take this. If you have a balance owed for a significant time, it is unlikely your LL would accept your rent and not take possession anyway.

The hard truth is that LL does not have to settle, and feasibly could regain possession AND have the court force you to pay that outstanding balance you owe anyway. The judge might see your offer as a last ditch effort to avoid losing possession, and wonder if you could come up with 90% of what you owe now why you didn't pay it before it got to a court action.

The crystal ball is out for repairs. Try your luck and see what goes.
 

atomizer

Senior Member
I doubt the landlord will take the bait. By now he is pretty tired of chasing you and will do anything to have nothing more to do with you. You not only owe for past due rent, but also for court fee and possibly attorney fees. If by some reason you are not able to keep your word, he knows he will have to start all over again. Better hope that he is desperate enough to believe you will pay.
 
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