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Thodbis in NC. Landlord started court process for eviction but tenant paid the rent before court date. What is best option for landlord, show up in the court and tell judge to drop the case or do not show up in the court at the court date?
Did they pay all fees and everything? You accepted rent so it muddies it if they didnt pay it in full. If they did pay in full you are obligated to get the case dropped before the court date. That can be as simple as making a phone call to the courthouse but most likely you will have to make a trip down there to sign some paperwork to drop the case.
It's done, there is no going back now. Here it takes 5 days from the court ruling to get a writ of possession that goes to the sheriff to have the tenant removed.
I would never fail to show up in court. Why leave yourself at the mercy of the other party who might show up with any uncontested tale that they wish to tell?
If you are the landlord and have received the rent money and want to drop the eviction, you can probably call the courthouse and have the case removed from the calendar. If you are the tenant and have been told that the case has been dropped, call the courthouse and confirm that instead of crossing your fingers and just not showing up
A little confused as to what went on here. This morning we are asked how to stop an upcoming eviction court date, which is easily enough done. Three hours later we hear that the landlord has already lost the court date. Does the landlord not want to evict the tenant? Or does the landlord not know that the tenant paid and you are the property manager?
When did the tenant pay rent? Did they pay before the end of the pay or quit period or after? If they paid after, and they did not pay more than the amount owed, than the landlords was still in their right to evict the tenant. That eviction is now official record. However, the tenant could still possibly appeal, in the case that either they paid before the end of the pay or quit period or if they have proof that they paid for future rent, thus creating a new month-to-month tenancy. It may also vary by state whether the tenant waived their right to appeal by not showing up at the original court date.
But to your question, if after all of this, you and/or the landlord still want to keep the tenant, it may be possible to cancel a sheriff eviction by contacting the county (at least it is in Illinois).
Though it seems that the tenant in this case did everything wrong, 1. being late on rent, 2. not paying before a case was filed, 3. not getting a signed agreement from the landlord that the case would be dropped when they paid the amount due, 4. Not showing up at their court date. If anything, always show up at the court date.
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