Non Payment of Rent

Phil Querin Q&A: Recovery of Cost and Fees When Tenant Tenders Rent After FED Filed

Question:  I have an issue regarding late payment of rent where I own both the home and the space.  The rent is constantly late. After I file for eviction the tenant either pays before the court hearing or at the hearing.  I am then stuck with the filing fees and service fees.  What are my options?

 

Answer:   Let’s start from when you filed you eviction in court. The First Appearance is the time noted in the Summons for both parties to appear in person (or via Zoom). If you and tenant both appear, the judge will likely encourage the parties to reach an agreement and report it back to the courtroom.

Phil Querin Q&A: Tenants Rent Tenders After Eviction Filed

Question: Landlord sent a 10-day nonpayment of rent notice to a resident.  The night before filing the FED the landlord called the resident to remind them to pay - hoping to resolve it before filing and paying the filing fee.  Landlord did not hear back from the resident, so he filed the FED and paid the filing fee of $143.00.  Several days later the resident shows up at the park office and offers to pay the rent.  Landlord refused to accept the rent tender since the resident would not also pay the filing fee.  Can the landlord decline the rent tender after filing the FED if the resident refuses to pay the filing fee? What happens in court?

 

Answer: This is a timely and important question. In March 2023 HB 2001 was enacted, which reinstated some of the earlier Pandemic tenant protections including restoring the 10-day and 13- day period in nonpayment of rent notices.

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