Court papers stated rent was due on a specific day. Tenant signed papers stating that they will pay by this day. They have failed to do so twice. Rent was paid 15 days late. Can a marshall still serve a warrant of eviction althought rent has been paid this late?
Lauren M
Favorite Answer
If you have a lease with the tenant then no cause they paid the rent but you are allowed to impose a late fee. You can start eviction papers again if they go late but then all they have to do is pay the rent and they are fine, what I would sugeest is the next time they are late is you file for eviction go to court and ask the judge to ammend the lease to state if tennant is late again that they will freely leave.
nystar1881
If the rent was accepted by the landord, then no. but you should still check with the sherriff's office, or the process server and court records to show that it is not active..what you could have done in NY, is put in a motion to vacate the order,. the reason? You paid it... albeit late,but it was accepted. That should be part of the public record. The landlord is not entitled to pursue, but people are underhanded and in the future he could demonstrate to the court that you had an open judgment and never bother to tell the court that he accepted a late payment ( I assume you paid all the late fee and court costs?) and make the judge believe that you are a deadbeat tenant. Good luck, been there and done that and I am a paralegal.
Teacher
Yes. The initial court order was for a certain date. A warrant can be issued because they have failed to reach court order. They can also be charged with contempt of court for not following court orders.
Whiskey Dave
Yes
Anonymous
Absolutely.