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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2512
Experience:  Experience working with evictions, subsidized housing issues and mobile home issues.
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Now, the tenant is trying to raise the total past due amount

Customer Question

Now, the tenant is trying to raise the total past due amount of rent. He is sure the owner/landlord is in the process of setting up a court date, but has not received that notice yet. He has the amount for August and is still working on September.The owner /landlord refuses to accept the August payment, stating he wants it all. Should the tenant send or attempt the August payment anyway? In the end, he will owe August and September. And then work on getting the September payment.If the landlord pays the past due amount after receiving the notice, but before the court date, can the landlord still refuse payment and evict him?
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Gerald-Esquire replied 1 month ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 1 month ago.

I'm sorry I did nit see that this was a Phillipines question. I will Opt out.

Customer: replied 1 month ago.
This is not a Philippines question. I live in the Houston, Texas metropolitan area (actually in Katy, Texas). The tenant lives in the same area.
Expert:  S. Kincaid replied 1 month ago.

The landlord is not required to accept partial rent. If payment is made before the court date, the eviction can proceed. To avoid it, the tenant would need to enter into a settlement agreement with the landlord dismissing the eviction in exchange for all the monies owed. That would have to be in writing and made part of the court case, signed by the judicial officer. Do you have any other questions?