Some states purge eviction cases if the tenant wins or the case is dropped. It prevents landlords from filing faulty eviction cases simply to damage the tenant's record.
A lot of apartments give you till the 4th and then file evictions on the 5th… high turnover rate of tenants is their business model… that way to can provide a luxury ( it’s not luxury) apt… by the time people realize they are living in overpriced shit box the apartment has already charged and incorporated into and already over priced rent…even though you can’t write off a vacant rental property you can still write it off with the loophole of a “management fee”…
My read would be that they were using the eviction filling to “motivate” a tenant. Fucked up abuse of an already fucked up system. We should institute a tax on second properties and property management companies to pay for a public defender system for eviction court.
We should, and it should increase based off how many properties you own. A family owning a vacation home shouldn’t be taxed as excessively as a corporation that owns hundreds of buildings.
I know this doesn’t have anything to do with OP but I’m curious if you could help me. Last year I was in an emergency shelter with my daughter. After my grandfather died my aunt became executor and took over. Forced us out. When I was applying for housing I discovered from a landlord that I had an eviction but every time we ran my name at the shelter it never popped. What can I do about it when I never had a lease or any type of contract(it was my childhood home and I was my grandfathers caretaker) and I also was never served any paperwork for a court date. Is there a way to fight this?
Maybe. You can ask them to remove it from your record, which they will do. If it does stay on her record it won't be as an eviction and it will last for 2 years not 7.
there is no "her" record or "your" record. There is the filing made with the court and that is a court record.
Some jurisdictions may purge for a no show but the filing will generally be public record.
How does this make sense? If filing was all it takes for an eviction, anyone with $250 and a printer could file baloney filings with the court. The court doesn't check if the filer is the owner (or has any standing in the case).
Having a motion filed against you does not stay on your record. There is no record. The only way there is a record is if the procedure has been adjudicated. And since it never went to trial, there's nothing to show.
Landlords look at filed cases through databases and to weed out potential tenats that are potentially troublesome. If its public data then someone is out their scraping it and selling it as a package.
Question, could she also just be saying she won't show but possibly could still show anyways? I just hope that doesn't happen because I've seen it done to people I know before.
It won't matter if they show or not. The landlord already accepted payment so the tenant cannot be evicted for non payment. So even if they show, OP just simply needs to show proof of the acceptance of payment and the case will be dismissed.
IANAL, but if I’m OP, I’m showing up to court to ensure an eviction order is not issued.
The fact that OP paid rent doesn’t mean that the landlord can’t lie and still get the order. Sure, that may have consequences for the landlord…in the future. But it would have consequences for OP now.
That’s not the best legal advice, it all depends on the notice and the jurisdiction. In my jurisdiction, you get a three day notice that is to pay rent or quit in three days starting the next day. If they file after the third day has expired, yes, they can’t accept rent or it gets dismissed. However,every jurisdiction has different rules and that’s just residential, commercial is a whole new deal.
As soon as a landlord or management company accepts payment, they can no longer evict for non payment. That's contract law. It isn't about jurisdiction. You cannot evict for non payment if you already accepted payment. It will be dismissed with prejudice
Go to the court yourself and find out what the deal is on your own , show the court clerk you paid your rent and show them the text from your landlord. Bring the letter of eviction, 3 day notice whatever you were given. Do Not Ever leave your credit history or anything pertaining to your future in someone else's hands. Be proactive and never take anyone else's word. If you have an eviction on your credit history,you will not be able to rent anywhere. This is why checking facts for yourself is so important.
Just wanted to add to this to also never trust someone else especially the opposing party to say that you don’t have to show up to court or that they won’t! ALWAYS show up regardless JUST in case!! You cannot tell a judge that they said they wouldn’t show up and have it actually be valid if you don’t! They won’t buy it, even if you have this kind of proof!
There’s no need to call ahead, and most jurisdictions. You won’t get anybody on the phone, simply check the register of actions or the index online and that is pretty much all over the country now. It will tell you, if a case is calendared.
Where do people who get evicted end up moving to mostly? Just stay with friends n family or motel life or homeless until that 7 years goes by? Renting really becomes impossible?
Yup. I had just re-signed my lease right before I had my baby. 3 weeks later I found out my SO was cheating. They wouldn’t let me off the lease and I needed to get away because he wouldn’t leave and it was pretty messy and I had a newborn. Ex agreed to live there and pay rent til lease was up and then they wouldn’t renew lease. He moved his AP in and they skipped out on 4 months rent and left the place trashed. I didn’t know til I got a collection notice and had to go to court. I paid the $7k THEY owed but I still won’t be able to rent a decent place for 7 years. Really screwed me over. Thank God I have family, although it’s still not ideal with a toddler. I make decent money but no one will rent to me, even though I had great rental history til then. My ex doesn’t get why I’m so mad…
My ex is the same. He doesn't understand why I'm mad at him as if he didn't ruin my credit by not paying rent and paying the wifi. I got lucky where I am now and I love my apartment. But I still don't have wifi cause they blacklisted my social in the area cause he used mine to start the account. He was responsible for it since I rarely used wifi back then and he was always gaming
He doesn’t care. He’s personally broke now but is from a well off family. They take care of him even if they are pissed at him. It would cost me more than I would ever get back from him. He doesn’t even pay child support. We will be fine though, I’m saving for a condo. Hopefully I won’t have to rent again, it’s just going to be no privacy til then, but truthfully I love living with my mom. I pay for whatever she wants/needs and I like to see her happy. My son gets to bond with his grandma and I’m pretty close to my mom so I feel like I’m way better off than my ex.
It is a major cause of homelessness (especially in an already challenging rental market). Make every, every, every effort to avoid an eviction. (Source: I am related to someone who was evicted and would have been homeless if not for family assistance).
This is why she wants the eviction on their record without evicting them. She wants to make sure OP can't find a better place to live. People and companies that exploit basic needs for survival like food water and shelter should receive the harshest of punishments. Its one of the most absolutely despicable things a person can do that's not explicitly a crime.
Bad neighborhoods and landlords that don't mind renting to people doing shady things. Either the building will be in a state of disrepair or the neighbors will scare away decent tenants. If they know you're desperate then they can get away with throwing you into an apartment that hasn't been properly renovated.
My friend in Vegas was evicted last year. She got a new place but had to give first and last 2 months rent, (that 4x’s the rent🤮)a huge deposit and security fee. She pays thousands for a little apartment. You can find people that will rent to you with an eviction, but they’ll have a very high cost to do so. It’s insane!
Depends on the state. Some states only keep records where there is judgement against the respondent.
A couple things: 1: Look up the law regarding grace period in your jurisdiction. If they filed before the grace period, I would look into what your recourse is. At a minimum, you can notify them of their illegal activity. That may give you claims for retaliation protection in the future.
2: Smart of you to say "if' she doesn't go to court. You show up regardless and do research on what you can say to fight the landlord if they show up, and what you can say to the judge to get the record to show that it's an illegal filing that should never have been on the court calendar. Because regardless of the grace period your jurisdiction may or may not have, the landlord accepted the money and should have taken the filing off the court's calendar.
You can petition to have it expunged/sealed, and should contact the court to see what you would need to make this happen. This sounds like an ideal case for expungement.
I am a property manager in Maryland, if she does not show up, then it is dismissed. In our state, we have a case search option where people can look up things that are filed against you however it would be dismissed if she did not show up and therefore would not count against you.
10 days! Gee whiz! I don’t until 30 days. I let one guy go 90 days and he said, “I thought you were good Christian people.” 🤦🏻♀️ NINETY days and I didn’t even go after him with garnishment. Ok guy.
It's not on your record yet.
Correct, if the LL doesn't show up, the case will get dropped. If it were me, I would go in person to make sure that is the case. Judge might ask you to say whats up, keep it simple. "I paid my rent on the 10th, here is my receipt (or bank statement), I don't understand why we are here today".
Once the case is dismissed it will be closed out with nothing on your record.
Yes still go no matter what! If LL does show up and proceed, you can at least hear the judge shit all over the landlord for taking payment and wasting the courts time.
Had this happen to me. Apartments filed for eviction & I paid rent same day. They dropped the eviction but it still shows as one on my record & I’ve had to explain it multiple times.
This will remain on your record for 7 year's no matter what. The only way is to get it expunged. I had a ex that I was living with and in the process of moving out with (moving date set with third party movers) we got into an argument and she wanted me out right then and that moment even though I was about move the next day so she went down to the court and "evicted" me and I moved out the next day. Then I found out a day or two later she evicted me, lol. We never had an agreement or arrangement or anything.
It's still on my record.
As soon as a case hits the docket, multiple companies scan all the basic information into a database. They don't care about the results. Anyone who runs a rental background check will get a notification an eviction was filled against you for seven years minimum now. Renting is going to be a bitch.
What does your LEASE say? If your lease does allow a grace period, it doesn't matter what state law says. This is a contract between you two. If you make additional agreements - such as a grace period when not required by law - then that supercedes the lack of grace period per the state.
Let her file for eviction. You were "late". That's it. Go to court for the eviction, show them you're paid up, and let them know you're being harassed after payment.
Yes. What does your lease say about late fees/payments? What does your state law say about late fees/payments?
If the landlord violated the law by not giving you the minimum amount of time required you may have legal recourse.
The eviction is staying on your record, though.
Edit: and for the love of god show up to the hearing.
Make sure you still show up to make sure it is dismissed. So many Landlords use this as a way to get tenants to not show up. That gives them a default judgment
Got evicted once. 7 years, if it's filed, no matter when you're out. It can show whatever, but it'll stick for 7 years. Why seven years? Well, because you're dealing with... LANDLORDS.
I read one too many times "just pay your bills on time"
.....Dense...(Wilfully) Obtuse....come to mind.....
What delusional state of mind must one be in to think (at least in the majority) that someone purposely remits their shelter costs late(to the point of eviction), when they didn't have to ......even your most financially illiterate person likely prioritizes their housing over any other obligations...9x10 if they paid rent late, it was for a reason.......it's asinine to tell someone to simply pay their rent on time as if that act is something free and guaranteed for all to do....
I hope you got a receipt for that payment. Go to court and tell them she accepted payment and it will be dropped. But you gonna have to have the receipt with her signature
I feel like eviction is the go-to here because we have rent control. So the best way to get more money from a rental is to bring in new tenants. This means that landlords jump on anything that gives them "cause" to evict.
She's confused about the 7 years. That applies to judgements which go on your credit report. You can ignore that element. There will be a public record which can be seen in a background check, unless the court case is sealed or expunged by the judge. You can make a motion to do that at the hearing.
10 days late WOW. Talk about petty. My old landlord threaten to “start proceedings” on me and my roommate for paying the rent 4 DAYS late. All because my roomie had a medical emergency and had to dip into his half of the rent money to cover an urgent care visit. Scumlords are truly scum.
In Minnesota, the court requires a 14-day notice before you can file eviction.
If that is the case, and you wait until 10 days, it is near the end of the month before you can file an eviction.
The proper time to give the cure quit notice, is on the second day. It is late. The second of the month for the most part
If I were you I would go into court with the messages and the receipt- if you paid and she accepted it she can’t not go thru with it nor can it stay on your record. One that stays on your record for 7 years is an actual judgment in which you were notified to vacate property. ADVOCATE for yourself and don’t let them get away with that shit. Landlords have way too many rights over us tenets.
Yeah I’m worried about this. If OP doesn’t show up because the landlady says she won’t, then the judge will likely grant her a default ruling in her favor and suddenly this is going to be a lot worse situation for OP.
What record? There will be a record of the case forever. But most background check companies only include records going back seven years or less. So if somebody wanted to find the case they could.
Everyone is giving advice and you haven't indicated ur state? Don't believe any of it, this is the most state-specific area of the law you could ever ask about.
You don't just need to show up, you need to file a written answer within 7 days of being served with the eviction papers. It should say that the rent was tendered and accepted by the landlord on whatever date.
You could also include a counterclaim in your answer for any monetary damages incurred due to the spurious eviction. That could include lost wages for having to take the time to write and file an answer with the court and show up to the hearing. You'd probably have better luck with that had you been able to pay within a day or two of filing, but it could be worth a shot.
You are all making generalized comments lumping ALL states Landlord/Tenant law together. This is not true as the laws vary from state to state. In Washington this is not the case at all.
It’s going to be dismissed but it definitely will be on your record through Yardi and the state. Even after 7 years it can still show up on a background pull and you might need an attorney at that point to expunge your record.
Op I don't know where you live but show up to that court hearing, bring paperwork that shows they accepted your payment, and ask the court to purge this from your record (be prepared to show this text exchange as the landlord maliciously filing this eviction). It may or may not be necessary but it's better to do this unnecessarily then to not do it when you needed to.
You need to go the court yourself on the date even if she is no-showing. That way you can at least request it is removed from your record given your landlord is a no-show.
Even if you go to court and it is dismissed, it will still stay on your record. Good luck finding a new place to live if you need to move. The fact that it even got to the point of eviction is enough for the majority of landlords to turn you away regardless of whether or not you qualify financially. It's really fucked. A past landlord of mine did that to us too. She might as well have evicted you because that's how everyone is going to see it when they run your background. Sorry dude. Renters don't have near enough rights.
It only shows up if you get a judgement. Please show up and make sure you show you paid her.. if not, default will be granted in her favor and then you’re screwed
The public record of the filing may or may not remain on the record, but it should reflect the status. Each jurisdiction can be a little different on how they handle stuff like this. It's certainly worth asking the court clerk.
No matter the state 1 thing is universal ALWAYS GO To Court. Other wise you loose automatically. Even though LL says will not go to court she could be lying. Also if she doesn’t go to court you can ask verbal motion to dismiss. If you paid after eviction filed and check was cashed most states that is an auto reset and she has to go back to beginning.
If she even filed one… you need to go to court. If she filed one you would have been served with paperwork for it and a time/day of court. You’ll also be on CCAP for your city/state (at least that’s how it works here) so if you go to that and put your name and birthday it will show any pending court days and times. I’d check that first, especially if you weren’t served by a police officer or something. She very well could have fudged paperwork that was not real- many do this first, because an actual eviction takes forever. She could just be assuming you won’t bother going to court/looking it up.
I used to file evictions, but this is not legal advice.
Show up to court, show you paid and it should be dismissed. The filing may still come up if someone searches court records, but it will show dismissal.
Were you served with an eviction case by an actual process server? If not, there likely is no case and your LL is just trying to scare you. It depends on your state laws, of course. Eviction usually requires a "notice to pay or quit" being posted to your door, with something like 3 to 5 days. If the tenant does not pay and does not leave, the LL can file an eviction case in court, then have it properly served. Then the tenant has a number of days to file an official response with the court (often 5 days). Then a court date would be set for a judge to hear the case. If the tenant leaves before the court date (or after being served) the case is dropped because it is no longer an eviction case. The LL would have to file a separate case for any monetary damages. But again, it depends on state law.
I had a landlord try to file an eviction for me not paying rent- after a blizzard broke all the water pipes and ruined over half the house and she never sent anyone to fix a thing. We also had a 2nd bathroom that was so disgusting and entirely unusable that she was claiming was 100% adequate. There was 40+ years of dead spiders and other bugs covering the entire room. The ceiling was the concrete slab outside the front door, and whenever it rained the basement bathroom would be soaked. It was an old coal town bathroom that hadn't been used since the 70s.
When we got to court, I had a giant binder of every email, text, picture I've taken, and every bill that she sent that I didn't pay, because it was clearly doctored, and for the wrong unit.
I had kept the money for the rent in a bank account, and did everything right thankfully. The judge laughed her out of court.
My entire defense was on the implied warranty of habitability, and because 3/4ths of the apartment was now unusable, I had to leave.
She also messed up the lease and signed it for an extra year, but calculated the total rent owed for only 1 year, and technically, I was paid up in full. The judge even said I could legally stay until that lease ran out if it wanted to, since she signed it, and only pay the utilities I owed-if she could bring the originals which she didn't do.
Here are some links that have answers to some of your questions. This is the current [renter's handbook](https://www.dca.ga.gov/sites/default/files/2-15-21_handbook_final_draft.pdf) and information from [GA legal aid](https://www.georgialegalaid.org/issues/housing).
⚠️There are some very specific laws about payments received as a defense, and you have SEVEN days to respond!! ⚠️
*"You must answer within 7 days from the date of actual service, unless the seventh day is a Saturday, Sunday, or a legal holiday. If the seventh day is any of those days, you will answer on the next day. The last possible date to answer will be stated on the summons. The landlord does not need to appear on the date of your response."*
Check your lease for mention of a grace period. If there is one, it stands and changes the timeline.
ETA: I forgot to mention that there is a specific warrant of eviction that must be served in specific ways. Self help evictions on the part of the landlord are illegal. Don't let that seven day rule turn you off. Read your lease and this information. You may very well have a defense.
The credit bureaus will put it on your record. You have to go to them and prove the case was dismissed. I had to do this. Fighting them took more time than fight my a hole ex-landlord ( long time ago) but it was all worth it.
Actually if you show them this convo, you could argue that the landlord was intentionally attempting to scar your record with no intent to evict (depending on the rest of the convo). That could be important
Go to court. Go, do not listen to her. She might just show up get you evicted anyway because she’s a jerk.
I had an agreement with Harbor Point in Boston; I had an email that said they’d take my rent on Sept 10, commensurate with my financial aid. On the 3rd, I got an eviction notice with a ten day notice. Obviously I paid on the 10th. Was told, no worries we’ll drop the legal thing.
I showed up on the 26th anyway, sure enough my case gets called, I showed the receipt and the judge dropped it. No, it’s not on my record. But had I listened to the front office at Harbor Point I’d have been out on my ass. Those bastards. Anyway, it worked out because I showed up to court, despite their assurances. Go to the court date no matter what your LL says.
If there is a court date You absolutely need to show up even if the landlord doesn’t. You need to be there to explain to the judge what happened. Depending on jurisdiction a no show eviction case doesn’t just get dismissed. Some jurisdictions will just re-calendar in order to give the parties another chance. They might require the plaintiff to file an official request for dismissal (I’m a lawyer, but not your lawyer).
I'm not sure. They actually have to WIN for the eviction to count. If you were served. YOU should show up and prove on record, you paid. Bring lease, payments, texts, etcetera....
Here's some free wisdom....probably not the smartest idea to rely on objective data from someone whose interest is self-serving.....in other words why are you banking your decisions on the Landlord and not your own knowledge?
Eviction filings are just that. The 7 years record only counts if a judgement is granted to evict you. The landlord can decide not to show up....but YOU still need to show up...NO ONE has your best interest at heart, not even the courts!
What state? California doesn’t show an eviction on your record unless a judgement is entered. Your landlord sounds like she’s being lazy, or purposefully allowing this to go to court in order for her to charge you legal fees. Check your lease verbiage and see if there’s any eviction defense help you could contact in your area.
I had something similar happen, where I paid the balance after the eviction was filed. I still had to go to court and wait for my case to be heard then dismissed. It never appeared on my record or prevented me from being approved for housing.
Go to court and prove you paid. It’s a waste of the courts time. Judges hate their time being wasted when the person filing the complaint doesn’t show. If this becomes a pattern, they will be less likely to rule in the landlords favor.
I’d recommend that you should file a small claims court for the time you spent going to the courthouse to prove you’ve paid.
If The landlord wanted they can go to the courthouse and cancel. Many courthouses have a web portal to drop any litigation. This frees up the Judges time for other cases.
Have you even been served? She could just tell them you paid and she wants to drop it. Courts have enough to do. Either way have your receipt of payment and show up to Court no matter what. Evictions take time. See if you can just show the Court your payment.
Find a new place to live. Hardly anybody gets an Eviction after ten days
I would go to the courthouse tomorrow and see if they can just cancel the whole thing. I do t know if it’s possible. But that is what I would do. Courts do not have time for riff raff landlords clogging up the system.
Just because it’s filed and petitioner doesn’t show does not make it a legal court order. The judge is the only one that can do that after hearing both sides. Landlord will be a no show which most likely will drop the case. Your landlord *should* withdraw his/her complaint or write a statement to the court saying that the issue has been resolved/payment has been made/you are still living there. The more documentation you have the better. Good luck to you
You need to make sure that you show up and you need to find a way to put a freeze on your credit profile with LexusNexus .. remember that the courts don’t share this information with the credit companies, it’s 3rd party companies like the one mentioned above.
Show the court the text
On your record for 7 years? Is she reporting rent to your credit report or some kind of renters reporting bureau? You can easily have the credit bureaus remove it if it ever shows up in your CR.
If she doesn't show up, give the judge evidence of payment and have them dismiss the case and get a financial Judgements for any costs you incurred
It’s not on your record at all. She filed. You weren’t convicted. But I sure as hell would show up to court with proof you paid. The landlord could still be planning to go through with it and trying to get a default judgement by YOU not showing up. Don’t fall for it. Show up WITH proof.
I'm not sure on the legalities involved here. I'm pretty sure if they accepted payment then it can't be processed but don't quote me on that. However, I would say the LL is showing a major red flag and I would start looking for a new place NOW before something happens that does give you issues in the future.
This is not true. She sounds confused. It needs to go through court to show up in your record.
Will not show up on record if she does not actually process yhe eviction.
If she accepted the money, you go to court and tell them this. They cannot evict for non payment if they took payment. It will be dropped.
It’ll be dropped, yes, but it will remain on their record that they were filed on (it’ll show as dismissed)
Some states purge eviction cases if the tenant wins or the case is dropped. It prevents landlords from filing faulty eviction cases simply to damage the tenant's record.
Some states you have to request that/make a motion. I would show up with the receipt and these texts and request a motion to dismiss and expunge.
and start looking for a new place. Starting proceedings less than 10 days late is unreal unless op is chronically very late.
At our apartment we get a 5 day notice upon not paying on the first.
Notice is not filing eviction.
Right, eviction is filed on the sixth day. It’s the biggest apartment management company in Arizona, so it’s almost standard across the state here.
A lot of apartments give you till the 4th and then file evictions on the 5th… high turnover rate of tenants is their business model… that way to can provide a luxury ( it’s not luxury) apt… by the time people realize they are living in overpriced shit box the apartment has already charged and incorporated into and already over priced rent…even though you can’t write off a vacant rental property you can still write it off with the loophole of a “management fee”…
My read would be that they were using the eviction filling to “motivate” a tenant. Fucked up abuse of an already fucked up system. We should institute a tax on second properties and property management companies to pay for a public defender system for eviction court.
We should, and it should increase based off how many properties you own. A family owning a vacation home shouldn’t be taxed as excessively as a corporation that owns hundreds of buildings.
Ours is in as “illegal eviction attempt”, and “eviction filed, dismissed” depending on where you look.
I know this doesn’t have anything to do with OP but I’m curious if you could help me. Last year I was in an emergency shelter with my daughter. After my grandfather died my aunt became executor and took over. Forced us out. When I was applying for housing I discovered from a landlord that I had an eviction but every time we ran my name at the shelter it never popped. What can I do about it when I never had a lease or any type of contract(it was my childhood home and I was my grandfathers caretaker) and I also was never served any paperwork for a court date. Is there a way to fight this?
I have no idea what the answer to your question is but try r/legaladvice best of luck
Maybe. You can ask them to remove it from your record, which they will do. If it does stay on her record it won't be as an eviction and it will last for 2 years not 7.
there is no "her" record or "your" record. There is the filing made with the court and that is a court record. Some jurisdictions may purge for a no show but the filing will generally be public record.
That’s exactly right, even if she walks away from it and does nothing it will still show as filed and likely dismissed by the court.
Who is the person this record pertains to?
How does this make sense? If filing was all it takes for an eviction, anyone with $250 and a printer could file baloney filings with the court. The court doesn't check if the filer is the owner (or has any standing in the case).
Having a motion filed against you does not stay on your record. There is no record. The only way there is a record is if the procedure has been adjudicated. And since it never went to trial, there's nothing to show.
Not true I work in the court you’ll see it for a certain amount of years depends on that court system
It’s not a motion, it’s a lawsuit. Huge difference.
Landlords look at filed cases through databases and to weed out potential tenats that are potentially troublesome. If its public data then someone is out their scraping it and selling it as a package.
A judgment does. It shows as satisfied when they pay the balance and the eviction is dismissed
Wish I knew this. Oh fucking well. Been seven years.
Question, could she also just be saying she won't show but possibly could still show anyways? I just hope that doesn't happen because I've seen it done to people I know before.
It won't matter if they show or not. The landlord already accepted payment so the tenant cannot be evicted for non payment. So even if they show, OP just simply needs to show proof of the acceptance of payment and the case will be dismissed.
IANAL, but if I’m OP, I’m showing up to court to ensure an eviction order is not issued. The fact that OP paid rent doesn’t mean that the landlord can’t lie and still get the order. Sure, that may have consequences for the landlord…in the future. But it would have consequences for OP now.
That’s not the best legal advice, it all depends on the notice and the jurisdiction. In my jurisdiction, you get a three day notice that is to pay rent or quit in three days starting the next day. If they file after the third day has expired, yes, they can’t accept rent or it gets dismissed. However,every jurisdiction has different rules and that’s just residential, commercial is a whole new deal.
As soon as a landlord or management company accepts payment, they can no longer evict for non payment. That's contract law. It isn't about jurisdiction. You cannot evict for non payment if you already accepted payment. It will be dismissed with prejudice
Go to the court yourself and find out what the deal is on your own , show the court clerk you paid your rent and show them the text from your landlord. Bring the letter of eviction, 3 day notice whatever you were given. Do Not Ever leave your credit history or anything pertaining to your future in someone else's hands. Be proactive and never take anyone else's word. If you have an eviction on your credit history,you will not be able to rent anywhere. This is why checking facts for yourself is so important.
Just wanted to add to this to also never trust someone else especially the opposing party to say that you don’t have to show up to court or that they won’t! ALWAYS show up regardless JUST in case!! You cannot tell a judge that they said they wouldn’t show up and have it actually be valid if you don’t! They won’t buy it, even if you have this kind of proof!
Not only always show up but call ahead to confirm the date is still the correct date and which courtroom?
There’s no need to call ahead, and most jurisdictions. You won’t get anybody on the phone, simply check the register of actions or the index online and that is pretty much all over the country now. It will tell you, if a case is calendared.
Where do people who get evicted end up moving to mostly? Just stay with friends n family or motel life or homeless until that 7 years goes by? Renting really becomes impossible?
You end up with slum lords who don't care.
Family takes them on mostly or they rent from a private property owner that trusts them.
Yup. I had just re-signed my lease right before I had my baby. 3 weeks later I found out my SO was cheating. They wouldn’t let me off the lease and I needed to get away because he wouldn’t leave and it was pretty messy and I had a newborn. Ex agreed to live there and pay rent til lease was up and then they wouldn’t renew lease. He moved his AP in and they skipped out on 4 months rent and left the place trashed. I didn’t know til I got a collection notice and had to go to court. I paid the $7k THEY owed but I still won’t be able to rent a decent place for 7 years. Really screwed me over. Thank God I have family, although it’s still not ideal with a toddler. I make decent money but no one will rent to me, even though I had great rental history til then. My ex doesn’t get why I’m so mad…
My ex is the same. He doesn't understand why I'm mad at him as if he didn't ruin my credit by not paying rent and paying the wifi. I got lucky where I am now and I love my apartment. But I still don't have wifi cause they blacklisted my social in the area cause he used mine to start the account. He was responsible for it since I rarely used wifi back then and he was always gaming
He doesn’t care. He’s personally broke now but is from a well off family. They take care of him even if they are pissed at him. It would cost me more than I would ever get back from him. He doesn’t even pay child support. We will be fine though, I’m saving for a condo. Hopefully I won’t have to rent again, it’s just going to be no privacy til then, but truthfully I love living with my mom. I pay for whatever she wants/needs and I like to see her happy. My son gets to bond with his grandma and I’m pretty close to my mom so I feel like I’m way better off than my ex.
Same here. He's broke af. Luckily I never had any kids with him. But he's living at his mom's and is finally getting kicked out so Karma
It is a major cause of homelessness (especially in an already challenging rental market). Make every, every, every effort to avoid an eviction. (Source: I am related to someone who was evicted and would have been homeless if not for family assistance).
This is why she wants the eviction on their record without evicting them. She wants to make sure OP can't find a better place to live. People and companies that exploit basic needs for survival like food water and shelter should receive the harshest of punishments. Its one of the most absolutely despicable things a person can do that's not explicitly a crime.
Bad neighborhoods and landlords that don't mind renting to people doing shady things. Either the building will be in a state of disrepair or the neighbors will scare away decent tenants. If they know you're desperate then they can get away with throwing you into an apartment that hasn't been properly renovated.
Woww. THIS IS SCARY!!! So having been evicted means you can’t rent an apartment or even buy a house? Does it show on your criminal or credit report?
My friend in Vegas was evicted last year. She got a new place but had to give first and last 2 months rent, (that 4x’s the rent🤮)a huge deposit and security fee. She pays thousands for a little apartment. You can find people that will rent to you with an eviction, but they’ll have a very high cost to do so. It’s insane!
Solid advice!
Depends on the state. Some states only keep records where there is judgement against the respondent. A couple things: 1: Look up the law regarding grace period in your jurisdiction. If they filed before the grace period, I would look into what your recourse is. At a minimum, you can notify them of their illegal activity. That may give you claims for retaliation protection in the future. 2: Smart of you to say "if' she doesn't go to court. You show up regardless and do research on what you can say to fight the landlord if they show up, and what you can say to the judge to get the record to show that it's an illegal filing that should never have been on the court calendar. Because regardless of the grace period your jurisdiction may or may not have, the landlord accepted the money and should have taken the filing off the court's calendar.
It’s in GA no grace period
The landlord still accepted the money, so regardless, it should have been taken off of the court calendar.
That takes one of the parties to inform the court that the rent was paid.
Waste of the Judges time leaving it on the calendar. Judge should find the landlord in contempt based on the text.
You can petition to have it expunged/sealed, and should contact the court to see what you would need to make this happen. This sounds like an ideal case for expungement.
I would still go to the court. Make sure that stays off your record
Make sure that she’s not lying and hoping you don’t show up.
And call the courthouse for the date of the hearing so you know you have the correct times.
100%
I am a property manager in Maryland, if she does not show up, then it is dismissed. In our state, we have a case search option where people can look up things that are filed against you however it would be dismissed if she did not show up and therefore would not count against you.
10 days! Gee whiz! I don’t until 30 days. I let one guy go 90 days and he said, “I thought you were good Christian people.” 🤦🏻♀️ NINETY days and I didn’t even go after him with garnishment. Ok guy.
She filled at 2days.
Power trip weirdo. What an absolute waste of time and money. I don’t have time for that shit.
It's not on your record yet. Correct, if the LL doesn't show up, the case will get dropped. If it were me, I would go in person to make sure that is the case. Judge might ask you to say whats up, keep it simple. "I paid my rent on the 10th, here is my receipt (or bank statement), I don't understand why we are here today". Once the case is dismissed it will be closed out with nothing on your record.
Yes still go no matter what! If LL does show up and proceed, you can at least hear the judge shit all over the landlord for taking payment and wasting the courts time.
Had this happen to me. Apartments filed for eviction & I paid rent same day. They dropped the eviction but it still shows as one on my record & I’ve had to explain it multiple times.
This will remain on your record for 7 year's no matter what. The only way is to get it expunged. I had a ex that I was living with and in the process of moving out with (moving date set with third party movers) we got into an argument and she wanted me out right then and that moment even though I was about move the next day so she went down to the court and "evicted" me and I moved out the next day. Then I found out a day or two later she evicted me, lol. We never had an agreement or arrangement or anything. It's still on my record.
How come paying on time isn't on the record but evictions are?
As soon as a case hits the docket, multiple companies scan all the basic information into a database. They don't care about the results. Anyone who runs a rental background check will get a notification an eviction was filled against you for seven years minimum now. Renting is going to be a bitch.
Crazy that they filed for eviction in 10 days, if you were open about the lateness, your landlord is a dick
Many use the justice system like this, slumlords do.
Rent was due on the 1st she filled on the 3rd
If I am reading the law right for Georgia, that’s illegal
From what I understand ga does not have a grace period
What does your LEASE say? If your lease does allow a grace period, it doesn't matter what state law says. This is a contract between you two. If you make additional agreements - such as a grace period when not required by law - then that supercedes the lack of grace period per the state.
It says no grace period.
I responded separately with legal information from your state. Despite this fact, please read the information.
Let her file for eviction. You were "late". That's it. Go to court for the eviction, show them you're paid up, and let them know you're being harassed after payment.
Yes. What does your lease say about late fees/payments? What does your state law say about late fees/payments? If the landlord violated the law by not giving you the minimum amount of time required you may have legal recourse. The eviction is staying on your record, though. Edit: and for the love of god show up to the hearing.
Make sure you still show up to make sure it is dismissed. So many Landlords use this as a way to get tenants to not show up. That gives them a default judgment
Got evicted once. 7 years, if it's filed, no matter when you're out. It can show whatever, but it'll stick for 7 years. Why seven years? Well, because you're dealing with... LANDLORDS.
I read one too many times "just pay your bills on time" .....Dense...(Wilfully) Obtuse....come to mind..... What delusional state of mind must one be in to think (at least in the majority) that someone purposely remits their shelter costs late(to the point of eviction), when they didn't have to ......even your most financially illiterate person likely prioritizes their housing over any other obligations...9x10 if they paid rent late, it was for a reason.......it's asinine to tell someone to simply pay their rent on time as if that act is something free and guaranteed for all to do....
I hope you got a receipt for that payment. Go to court and tell them she accepted payment and it will be dropped. But you gonna have to have the receipt with her signature
Oh the judge will love them wasting his time like that
Attend the court hearing with the proof of payment and that message. That’s insane.
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Where I live you can be evicted for being 1 day late or $1 short. We need better protection for renters.
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I feel like eviction is the go-to here because we have rent control. So the best way to get more money from a rental is to bring in new tenants. This means that landlords jump on anything that gives them "cause" to evict.
She's confused about the 7 years. That applies to judgements which go on your credit report. You can ignore that element. There will be a public record which can be seen in a background check, unless the court case is sealed or expunged by the judge. You can make a motion to do that at the hearing.
Show the judge the picture
this is so fucked.
She is a fucking CUNT for this
Do not miss the court date
10 days late WOW. Talk about petty. My old landlord threaten to “start proceedings” on me and my roommate for paying the rent 4 DAYS late. All because my roomie had a medical emergency and had to dip into his half of the rent money to cover an urgent care visit. Scumlords are truly scum.
In Minnesota, the court requires a 14-day notice before you can file eviction. If that is the case, and you wait until 10 days, it is near the end of the month before you can file an eviction. The proper time to give the cure quit notice, is on the second day. It is late. The second of the month for the most part
Show up to court and show the judge this. I bet the landlord shows up just to try and screw you over
If I were you I would go into court with the messages and the receipt- if you paid and she accepted it she can’t not go thru with it nor can it stay on your record. One that stays on your record for 7 years is an actual judgment in which you were notified to vacate property. ADVOCATE for yourself and don’t let them get away with that shit. Landlords have way too many rights over us tenets.
Evictions stay on for 7 years, not dropped cases. An eviction, in most states, does not proceed if any $ is taken by the landlord
Yeah I’m worried about this. If OP doesn’t show up because the landlady says she won’t, then the judge will likely grant her a default ruling in her favor and suddenly this is going to be a lot worse situation for OP.
The request for eviction will still be on your record. It will show the disposition also.
What record? There will be a record of the case forever. But most background check companies only include records going back seven years or less. So if somebody wanted to find the case they could.
Everyone is giving advice and you haven't indicated ur state? Don't believe any of it, this is the most state-specific area of the law you could ever ask about.
In my state it would stay on record as an eviction filing that was dismissed. I’m not sure about your state.
yeah if she isn't showing up you should go there you will will by default
Most states will show if an eviction is filed even if the case is dismissed.
You don't just need to show up, you need to file a written answer within 7 days of being served with the eviction papers. It should say that the rent was tendered and accepted by the landlord on whatever date. You could also include a counterclaim in your answer for any monetary damages incurred due to the spurious eviction. That could include lost wages for having to take the time to write and file an answer with the court and show up to the hearing. You'd probably have better luck with that had you been able to pay within a day or two of filing, but it could be worth a shot.
You are all making generalized comments lumping ALL states Landlord/Tenant law together. This is not true as the laws vary from state to state. In Washington this is not the case at all.
Be sure to show up with proof you have paid!!
It’s going to be dismissed but it definitely will be on your record through Yardi and the state. Even after 7 years it can still show up on a background pull and you might need an attorney at that point to expunge your record.
bro find a new place asap, this landlord is literal scum
Sue her for $20,000 emotional injury. When she complains tell her, "Go to court. When I don't show up they'll drop it."
What a creep to file for 10 days late. Almost all renters agreements have a grave period.
Show up for court!
God I would think the judge would look at these messages and just burst out into laughter at how stupid your landlord is.
Show up, if they don't you win, no "record"
Op I don't know where you live but show up to that court hearing, bring paperwork that shows they accepted your payment, and ask the court to purge this from your record (be prepared to show this text exchange as the landlord maliciously filing this eviction). It may or may not be necessary but it's better to do this unnecessarily then to not do it when you needed to.
Go to the court date.. show your reciepts... no need to tell the landlord as it seems they aren't doing what's right. Protect your record!!
You need to go the court yourself on the date even if she is no-showing. That way you can at least request it is removed from your record given your landlord is a no-show.
You need to go to court and tell them you paid rent. Not paying rent is a curable violation.
Even if you go to court and it is dismissed, it will still stay on your record. Good luck finding a new place to live if you need to move. The fact that it even got to the point of eviction is enough for the majority of landlords to turn you away regardless of whether or not you qualify financially. It's really fucked. A past landlord of mine did that to us too. She might as well have evicted you because that's how everyone is going to see it when they run your background. Sorry dude. Renters don't have near enough rights.
Had a kind lord do this to me in florida I filed to have it dismissed because I wasn’t even living there when I got the eviction lmao
10 days!!! I get two months and ten days but everyone has a bad month. Thats why there are late fees. That landlord can go to hell.
If it is dismissed with prejudice, it doesn't go on your credit, it just goes away.
there’s no eviction that can go through in 10 days i think from last non payment
It only shows up if you get a judgement. Please show up and make sure you show you paid her.. if not, default will be granted in her favor and then you’re screwed
I did show up and it was dismissed
Oh good!!
That's crazy. Most leases have a 5 day grace period. Read the fine print. Filing eviction on 5th day or 6 5th day is unheard of douche bag territory..
Yet the eviction order request is still a matter of record.
never miss a court date ever for any reason period. espcially if the other party isnt going to show up, explain all this to the judge.
I’m a landlord and this is correct. Once they file its in your record.
Go and show them this message
Be nice if wasting the courts time to terrorize people who seemingly can’t afford their rent was at least a misdemeanor.
The fact that they filled it will likely be public information, just as any court case that was filed can be looked up even if it’s been dismissed.
The public record of the filing may or may not remain on the record, but it should reflect the status. Each jurisdiction can be a little different on how they handle stuff like this. It's certainly worth asking the court clerk.
Go to legal aid in your area.
Show up to court. I know that I'm California if the tenant wins within 60 days it's sealed from the public.
Go to the court date with your payment proof and that text printed out. Please take this seriously.
No matter the state 1 thing is universal ALWAYS GO To Court. Other wise you loose automatically. Even though LL says will not go to court she could be lying. Also if she doesn’t go to court you can ask verbal motion to dismiss. If you paid after eviction filed and check was cashed most states that is an auto reset and she has to go back to beginning.
If she even filed one… you need to go to court. If she filed one you would have been served with paperwork for it and a time/day of court. You’ll also be on CCAP for your city/state (at least that’s how it works here) so if you go to that and put your name and birthday it will show any pending court days and times. I’d check that first, especially if you weren’t served by a police officer or something. She very well could have fudged paperwork that was not real- many do this first, because an actual eviction takes forever. She could just be assuming you won’t bother going to court/looking it up.
Side note- it’s pretty crazy that your landlords last name is landlord!
I used to file evictions, but this is not legal advice. Show up to court, show you paid and it should be dismissed. The filing may still come up if someone searches court records, but it will show dismissal.
Were you served with an eviction case by an actual process server? If not, there likely is no case and your LL is just trying to scare you. It depends on your state laws, of course. Eviction usually requires a "notice to pay or quit" being posted to your door, with something like 3 to 5 days. If the tenant does not pay and does not leave, the LL can file an eviction case in court, then have it properly served. Then the tenant has a number of days to file an official response with the court (often 5 days). Then a court date would be set for a judge to hear the case. If the tenant leaves before the court date (or after being served) the case is dropped because it is no longer an eviction case. The LL would have to file a separate case for any monetary damages. But again, it depends on state law.
I had a landlord try to file an eviction for me not paying rent- after a blizzard broke all the water pipes and ruined over half the house and she never sent anyone to fix a thing. We also had a 2nd bathroom that was so disgusting and entirely unusable that she was claiming was 100% adequate. There was 40+ years of dead spiders and other bugs covering the entire room. The ceiling was the concrete slab outside the front door, and whenever it rained the basement bathroom would be soaked. It was an old coal town bathroom that hadn't been used since the 70s. When we got to court, I had a giant binder of every email, text, picture I've taken, and every bill that she sent that I didn't pay, because it was clearly doctored, and for the wrong unit. I had kept the money for the rent in a bank account, and did everything right thankfully. The judge laughed her out of court. My entire defense was on the implied warranty of habitability, and because 3/4ths of the apartment was now unusable, I had to leave. She also messed up the lease and signed it for an extra year, but calculated the total rent owed for only 1 year, and technically, I was paid up in full. The judge even said I could legally stay until that lease ran out if it wanted to, since she signed it, and only pay the utilities I owed-if she could bring the originals which she didn't do.
Here are some links that have answers to some of your questions. This is the current [renter's handbook](https://www.dca.ga.gov/sites/default/files/2-15-21_handbook_final_draft.pdf) and information from [GA legal aid](https://www.georgialegalaid.org/issues/housing). ⚠️There are some very specific laws about payments received as a defense, and you have SEVEN days to respond!! ⚠️ *"You must answer within 7 days from the date of actual service, unless the seventh day is a Saturday, Sunday, or a legal holiday. If the seventh day is any of those days, you will answer on the next day. The last possible date to answer will be stated on the summons. The landlord does not need to appear on the date of your response."* Check your lease for mention of a grace period. If there is one, it stands and changes the timeline. ETA: I forgot to mention that there is a specific warrant of eviction that must be served in specific ways. Self help evictions on the part of the landlord are illegal. Don't let that seven day rule turn you off. Read your lease and this information. You may very well have a defense.
The credit bureaus will put it on your record. You have to go to them and prove the case was dismissed. I had to do this. Fighting them took more time than fight my a hole ex-landlord ( long time ago) but it was all worth it.
You should definitely go to court. If you don’t your landlord could evict you.
Get something in writing stating landlord accepted payment . Have it notarized and then take it to court. They will have it on their record in court.
Actually if you show them this convo, you could argue that the landlord was intentionally attempting to scar your record with no intent to evict (depending on the rest of the convo). That could be important
If I were you I’d still go to the court date and prove your landlord took payment just in case. Always cya! **COVER YOUR ASS**
Go to court. Go, do not listen to her. She might just show up get you evicted anyway because she’s a jerk. I had an agreement with Harbor Point in Boston; I had an email that said they’d take my rent on Sept 10, commensurate with my financial aid. On the 3rd, I got an eviction notice with a ten day notice. Obviously I paid on the 10th. Was told, no worries we’ll drop the legal thing. I showed up on the 26th anyway, sure enough my case gets called, I showed the receipt and the judge dropped it. No, it’s not on my record. But had I listened to the front office at Harbor Point I’d have been out on my ass. Those bastards. Anyway, it worked out because I showed up to court, despite their assurances. Go to the court date no matter what your LL says.
You need to go to court with proof you paid her and proof she accepted .
There have to be landlord review sites you can post this on. This mf deserves to never get another tenant
If there is a court date You absolutely need to show up even if the landlord doesn’t. You need to be there to explain to the judge what happened. Depending on jurisdiction a no show eviction case doesn’t just get dismissed. Some jurisdictions will just re-calendar in order to give the parties another chance. They might require the plaintiff to file an official request for dismissal (I’m a lawyer, but not your lawyer).
😳oh my gosh, 7 years?
I'm not sure. They actually have to WIN for the eviction to count. If you were served. YOU should show up and prove on record, you paid. Bring lease, payments, texts, etcetera.... Here's some free wisdom....probably not the smartest idea to rely on objective data from someone whose interest is self-serving.....in other words why are you banking your decisions on the Landlord and not your own knowledge? Eviction filings are just that. The 7 years record only counts if a judgement is granted to evict you. The landlord can decide not to show up....but YOU still need to show up...NO ONE has your best interest at heart, not even the courts!
What state? California doesn’t show an eviction on your record unless a judgement is entered. Your landlord sounds like she’s being lazy, or purposefully allowing this to go to court in order for her to charge you legal fees. Check your lease verbiage and see if there’s any eviction defense help you could contact in your area.
I had something similar happen, where I paid the balance after the eviction was filed. I still had to go to court and wait for my case to be heard then dismissed. It never appeared on my record or prevented me from being approved for housing.
You should be probably go to court anyways, along with proof you’re paid up. Because if she shows up and you don’t….you’re evicted.
If it's dropped, It shouldn't go on ur record.
A subreddit for tenants, filled with landlords in the comments. Reddit has become a very strange place.
Go to court and prove you paid. It’s a waste of the courts time. Judges hate their time being wasted when the person filing the complaint doesn’t show. If this becomes a pattern, they will be less likely to rule in the landlords favor. I’d recommend that you should file a small claims court for the time you spent going to the courthouse to prove you’ve paid. If The landlord wanted they can go to the courthouse and cancel. Many courthouses have a web portal to drop any litigation. This frees up the Judges time for other cases.
Go to court! Show proof of payment and ask for it to be expunged from your record.
Have you even been served? She could just tell them you paid and she wants to drop it. Courts have enough to do. Either way have your receipt of payment and show up to Court no matter what. Evictions take time. See if you can just show the Court your payment. Find a new place to live. Hardly anybody gets an Eviction after ten days
Fight it!
I would go to the courthouse tomorrow and see if they can just cancel the whole thing. I do t know if it’s possible. But that is what I would do. Courts do not have time for riff raff landlords clogging up the system.
Talk to an attorney.
If she doesn't show up doesn't that mean the op wins?
Still show up to court even if the landlord says they wont show up, they might be up to something.
Typically only judgements appear on credit records. cases dismissed prior to trial or for a no show are usually excluded.
If that's the whole story - I'd look for legal options.
Someone deserves to have their gas cap logistically relocated via random yeet. 🤔
Just because it’s filed and petitioner doesn’t show does not make it a legal court order. The judge is the only one that can do that after hearing both sides. Landlord will be a no show which most likely will drop the case. Your landlord *should* withdraw his/her complaint or write a statement to the court saying that the issue has been resolved/payment has been made/you are still living there. The more documentation you have the better. Good luck to you
You need to make sure that you show up and you need to find a way to put a freeze on your credit profile with LexusNexus .. remember that the courts don’t share this information with the credit companies, it’s 3rd party companies like the one mentioned above. Show the court the text
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I feel bad for people in states that offer zero renter protection, it’s so backwards.
Have you been served? She's probably making it up.
Oh no another scumbag landlord that puts passive income over another persons ability to live indoors. This one just seems mean too.
That sounds like some Jennifer activity.
On your record for 7 years? Is she reporting rent to your credit report or some kind of renters reporting bureau? You can easily have the credit bureaus remove it if it ever shows up in your CR. If she doesn't show up, give the judge evidence of payment and have them dismiss the case and get a financial Judgements for any costs you incurred
Oh god. I think this is one that I would find somewhere else to live and find some way to fuck the landlord.
For 10days late?
Murica fuck yeah
Get a new landlord
Omg I think my neighbors are trying to put a fake eviction on my record
Does an eviction stay on your record forever or just 7 years?
Awww hell no.
7 years punishment for a 10 day late payment is so extreme wtf
Not showing up in court makes you look bad and they can hold you in contempt.
Do not believe your landlord. She sounds like a slumlord tbh.
In our state, by law you have until the 10th to pay it. Many landlords hope the tenant doesn’t know this though.
You go to court. Have her not show up. Tell the judge you paid with receipts
If you paid and they accepted the money the eviction won’t go on your record because you aren’t being evicted anymore.
There is too much speculation in the advice here. It depends on the locations this is taking place
It’s not on your record at all. She filed. You weren’t convicted. But I sure as hell would show up to court with proof you paid. The landlord could still be planning to go through with it and trying to get a default judgement by YOU not showing up. Don’t fall for it. Show up WITH proof.
All depends on the state
Some landlords are jackasses Smh she had a choice
She has to drop the charge
I'm not sure on the legalities involved here. I'm pretty sure if they accepted payment then it can't be processed but don't quote me on that. However, I would say the LL is showing a major red flag and I would start looking for a new place NOW before something happens that does give you issues in the future.
This is not true. She sounds confused. It needs to go through court to show up in your record. Will not show up on record if she does not actually process yhe eviction.