My landlord filed eviction papers in November. They allowed me to make a payment arrangement to stop the eviction (payment on 11/19 and remaining bal by 11/28) which I honored. On Dec 1st rent was due again. On the 7th my landlord contacted me asking if I was going to be making a payment of 592 per the biweekly arrangement. I adv the arrangement was to stop the eviction and catch up Oct/Nov rent which I have honored. He then asked when I have Dec and told him I was working it/he stated ok but they need it asap. Last week my landlord asked me to pay 592 that day and agree to $1000 biweekly payment there after. My rent is only 1075 and I am only late for Dec. They said I need to turn in my keys by 01/08/2015 if I couldn't based on the active writ. Is this valid?
A tenant is allowed one dispossessory per year. If tenant pays all rent and filing fees to landlord (or into the Registry) within seven (7) days of the service and it is the only dispossessory that has been filed against that tenant in any twelve month period, the suit shall stand dismissed. All the advice following only applies if you fit the description made. Since your eviction notice and payment addressed the month of November, it is improper for the landlord to carry that over to December and demand possession. The landlord is required to file a new dispossessory.
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