Can I still be evicted if I pay my rent before the court date?

Asked almost 2 years ago - Philadelphia, PA

My husband & I fell behind 6 months on our rent (he was unemployed & I was on unpaid medical leave). We are both back at work & struggling to catch up. We received an eviction notice & then court papers saying we have a hearing on Nov. 5th. If we pay the amount stated on the court papers (past due rent, plus legal fees, etc) before the court date can we still be evicted from the home?

Attorney answers (1)

  1. Marshall D. Chriswell

    Contributor Level 11

    Answered . Generally, yes a tenant has a right to cure the default (i.e. pay all rent due) up until the court enters an order or writ of possession for the landlord. Entry of such an order will usually happen at the hearing or shortly thereafter. You should make payment of the back rent as soon as possible, and make sure there is a record of the payment (certified mail, cancelled check, etc). Then appear at the hearing and defend against the eviction on the basis that the landlord has already been paid everything she is owed.

    You may want to consult with a landlord/tenant lawyer in your area.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    This communication does not constitute legal advice and does not establish an attorney/client relationship. If you... more

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