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Updated about 7 years ago on . Most recent reply

User Stats

11
Posts
1
Votes
Mason Moran
  • Investor
  • Norfolk, VA
1
Votes |
11
Posts

Eviction process and possible cancellation?

Mason Moran
  • Investor
  • Norfolk, VA
Posted
hello all! I have tennants who have not paid rent or late payment in Nov. I issued the pay or quite notice and started the eviction process for November. December 2nd roles around and the tennants pay me 1700 (granted rent plus the late fee is 1650, however between November and Dec. the combined total is 3300) not including the court costs I spent to start the eviction process. does his 1700 dollar payment cancel my eviction process? I'm curious because 1700 covers at least one no th rent. can I argue that this 1700 is for the court fees and month of December December's rent and still procede with the eviction process? Thanks in advance for any help and knowledge.

Most Popular Reply

User Stats

75
Posts
61
Votes
Johnny Hastings
  • Investor
  • Stevens Point, WI
61
Votes |
75
Posts
Johnny Hastings
  • Investor
  • Stevens Point, WI
Replied

In Wisconsin the answer is no. It doesn't cancel the eviction. Because it's already Dec 3rd, and they haven't paid for December rent, they're still behind on their rent. I've been to eviction court a handful of times here, and it's always the exact same thing. The judge starts by asking the tenant if they're behind on rent. If they say anything other than 'yes' or 'no', she tells them to answer 'yes' or 'no'. If they say 'yes', which they always do, unless they've been evicted a few times and know how to play the game, then the eviction is granted immediately, and you're asked if you want a damages hearing, then things go from there. 

Hopefully someone from VA can get on here and let us know if it works the same there!

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