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Landlord takes payment, it stops the eviction process?

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bellabella12

Junior Member
What is the name of your state (only U.S. law)? florida

My landlord filed an eviction on me for November rent not paid on 12/10/09, I was told by my landlord when she picked up her November rent check yesterday 12/13/09, I received the notice today in the mail and the landlord cashed the check today. My landlord stated she would stop the eviction since I paid November rent and if I gave her a check for $300 the cost to cancel the eviction she would let me stay until the end of December, I'm in the process of final approval for a new place which my landlord knew. My question is: Since she accepted payment for November rent does it void the eviction, assuming I notify the court? I'm not sure now......?

I have no lease since it expired 5/30/09 and I wouldn't sign a new one since they were in foreclosure so we went month to month, monthly rent had been lowered since they couldn't fix my air-conditioning and that is was finally drove me to move out, hopefully soon.
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? florida

My landlord filed an eviction on me for November rent not paid on 12/10/09, I was told by my landlord when she picked up her November rent check yesterday 12/13/09, I received the notice today in the mail and the landlord cashed the check today. My landlord stated she would stop the eviction since I paid November rent and if I gave her a check for $300 the cost to cancel the eviction she would let me stay until the end of December, I'm in the process of final approval for a new place which my landlord knew. My question is: Since she accepted payment for November rent does it void the eviction, assuming I notify the court? I'm not sure now......?

I have no lease since it expired 5/30/09 and I wouldn't sign a new one since they were in foreclosure so we went month to month, monthly rent had been lowered since they couldn't fix my air-conditioning and that is was finally drove me to move out, hopefully soon.
if you paid for december, you in till you dont pay in january... I hope you get that new place real soon, cause your on your way to sheriff eviction.
 

BL

Senior Member
The LL can still appear in court .

If you haven't paid on time and the LL hasn't excepted Dec's. rent , I suspect the court will order eviction anyways , unless the court deems it a technicality and makes the LL start all over .

Generally speaking ,if a LL excepts rent/partial rent for a month ,then the court will not order eviction for that month and dismiss the petition.
 

bellabella12

Junior Member
Additional info

I had presented the landlords with a non-compliance notice for the air-conditioning issue as well as other issues on 11/22/09, the landlords can't afford to replace the air-conditioner and I needed to cover my butt.....so I filed a claim against them.
 

BL

Senior Member
I had presented the landlords with a non-compliance notice for the air-conditioning issue as well as other issues on 11/22/09, the landlords can't afford to replace the air-conditioner and I needed to cover my butt.....so I filed a claim against them.

[U]My landlord stated she would stop the eviction [/U]since I paid November rent and if I gave her a check for $300 the cost to cancel the eviction she would let me stay until the end of December
:rolleyes:
 

atomizer

Senior Member
You can stop the eviction by coming to court with December rent and all other charges.

Get used to renting dumps with your eviction record.
 

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