Can You Stop an Eviction by Paying the Rent Owed?
Explore how timing, lease terms, and legal procedures affect whether paying back rent can prevent an eviction from moving forward.
Falling behind on rent can lead to eviction, a serious consequence for tenants. Many renters facing this situation wonder if paying the overdue amount can stop the process. The answer often depends on state and local laws, the terms of the lease, and how far the eviction has progressed. Understanding these factors is crucial for tenants navigating this difficult situation.
Lease Terms on Missed or Late Rent
The lease agreement, a binding contract, outlines the tenant’s core obligation: paying rent by a specific date. Leases typically detail the rent amount, due date, and acceptable payment methods.
Many leases include a “grace period,” usually three to five days after the due date, allowing tenants to pay without penalty. This provision must be explicitly stated in the lease; it should not be assumed. Rent is officially late the day after the due date or, if applicable, the day after the grace period ends.
Failure to pay by the deadline often triggers consequences outlined in the lease, most commonly a late fee. To be enforceable, the fee amount or calculation method (e.g., a flat fee or a percentage like 5% of the rent) must be specified in writing. Some jurisdictions limit late fees, requiring them to be “reasonable.” These fees compensate the landlord for the inconvenience of late payments.
Non-payment of rent, including any specified late fees, constitutes a breach of the lease. The lease usually states that this violation gives the landlord the right to take further action, potentially leading to eviction. Even consistent late payment, if defined as a breach in the lease, can trigger consequences.
Court-Initiated Eviction Procedures
When a landlord pursues eviction for unpaid rent through the courts, the process becomes formal. After any required notice period expires without payment, the landlord files legal documents, often a “Complaint” or “Petition” for eviction (sometimes called an “Unlawful Detainer” action), with the local court.1FindLaw. Eviction and Unlawful Detainer This document states the reason for eviction (non-payment) and asks the court to return possession of the property to the landlord.
The tenant must then be formally notified of the lawsuit through “service,” receiving official court papers, including a “Summons.” The Summons informs the tenant of the lawsuit and provides a deadline to respond. Service is typically performed by law enforcement or a process server.
Tenants usually have a limited time (often 5 to 28 days) to file a response, known as an “Answer,” with the court. In the Answer, the tenant can address the landlord’s claims and present defenses. Failing to file an Answer can result in a “default judgment,” where the court rules for the landlord due to the tenant’s lack of response.
If the tenant files an Answer, the court schedules a hearing. Both parties present their case to a judge. The landlord provides evidence of the lease and unpaid rent, while the tenant presents defenses or proof of payment. The judge reviews the evidence and applies relevant laws to decide.
If the court rules for the landlord, it issues a “judgment for possession,” legally granting the landlord the right to reclaim the property. This judgment doesn’t physically remove the tenant. The landlord must then request a “Writ of Possession” or similar order, directing law enforcement to carry out the eviction. After a final notice period (often 24 hours to a few days), officials can remove the tenant if they haven’t vacated, completing the court process.
Paying Arrears to Halt the Process
Tenants often have an opportunity to stop an eviction for non-payment by paying the money owed, sometimes called the “right to cure.” The timeframe for this varies but typically extends from receiving the initial notice until a certain point in the court process, often the hearing date.
To halt the eviction, the tenant usually must pay the full amount due. This includes past-due rent, any late fees specified in the lease, and often the landlord’s court costs, such as filing fees and service costs, once proceedings have begun. In some cases, reasonable attorney’s fees might also be required if permitted by law or the lease.
Payment should be made in a guaranteed form, like cash, certified check, or money order. Tenants should obtain a clear written receipt confirming full payment of all outstanding amounts. Presenting this proof to the court, particularly before the hearing, is crucial for getting the case dismissed. Some laws mandate dismissal if the full amount is paid before a final judgment.
This right to stop eviction by payment may not be unlimited. Some jurisdictions restrict how often a tenant can use this option within a certain period (e.g., once per year). Repeatedly falling behind could lead to a situation where payment no longer automatically stops the eviction.
Landlord’s Legal Right to Decline Payment
While tenants may hope paying rent will resolve the issue, landlords can sometimes legally refuse payment during the eviction process. Accepting rent can imply the landlord is “waiving” their right to evict, signaling a continuation of the tenancy. To avoid this, especially after starting legal action, landlords might refuse payment.
The landlord’s right to refuse typically solidifies after the initial legally required notice period (like a “Notice to Pay Rent or Quit”) expires without full payment. Once the landlord files an eviction lawsuit, their intent to terminate the tenancy is formally declared. Accepting rent after this point could weaken their case, unless specific legal precautions are taken.
Landlords generally have a clear right to refuse partial payments once the eviction suit is filed. They can insist on the entire amount owed (rent, fees, costs) if they choose to accept payment at all at that stage.
This right becomes strongest after a court issues a judgment for possession, formally ending the tenant’s right to occupy. Accepting rent post-judgment, without a court-approved agreement, often voids the judgment. Therefore, landlords enforcing a court order will almost certainly refuse rent offered after judgment, unless specific local laws allow for a narrow “right of redemption” under strict conditions.
Situations Where Payment Does Not Stop Eviction
Paying rent arrears does not always stop an eviction. One key instance is when the eviction is based on reasons other than non-payment. Landlords can evict for lease violations like property damage, illegal activity, creating a nuisance, or having unauthorized pets or occupants. If the lawsuit cites such breaches, paying rent doesn’t address the core issue and likely won’t halt the process. The tenant would need to fix the specific violation, if possible.
Habitual late payment of rent can also lead to eviction, even if the tenant eventually pays in full each month. If a lease or local law allows eviction for chronic lateness after proper notices, tendering the current rent might not suffice. The eviction proceeds based on the pattern of late payments, which is considered a separate lease violation.
The timing of payment is critical. Attempting to pay after a court has issued a judgment for possession usually does not stop the eviction. While some areas offer a limited statutory “right of redemption” allowing payment shortly after judgment under specific conditions, this is not universal. In many cases, once the court has ruled, payment will not reverse the outcome, and the landlord can proceed with physical removal.
Finally, payment does not prevent eviction for “no-fault” reasons. Landlords may end tenancies to sell the property, move in themselves or family, perform major renovations requiring vacancy, or remove the unit from the rental market. In these cases, the landlord provides a notice to vacate based on these grounds, often with a longer notice period. Since the termination isn’t due to unpaid rent, paying rent until the move-out date, while required, won’t stop the legally permissible termination itself.
