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?
Estate Planning Attorney
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.
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Law Offices of Marshall D. Chriswell
714 Philadelphia St., Suite 200
Indiana, PA 15701
This communication does not constitute legal advice and does not establish an attorney/client relationship. If you are seeking legal advice, feel free to contact our offices.