Eviction was filed on the 27th and I paid rent on the 30th.
Debt / Lending Agreements Lawyer
1 second late is enough for a landlord to proceed to eviction. However, if the landlord accepted the payment, you may have a defense (payment) to the eviction. Bring copies of any checks and bank statements showing the check was cashed.
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Like most questions involving landlord-tenant law, the answer depends on what your lease says.
Many leases say that rent is due on the first of the month, late after the close of business on the first, and late fees start on the 3rd. Unless the lease says otherwise, a landlord is not required to take late rent. However, you should carefully read your lease to see exactly what you agreed to. I've seen leases that explicitly give the tenant the right to make late rent payments.
3 lawyers agree
Real Estate Attorney
I agree with my colleagues. Hopefully your landlord accepted the rent which will provide you a defense to the eviction. A helpful pamphlet on tenants rights is located at www.texastenant.org.
Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.