My rent is due on the 1st, late after the 5th. I was served with a Detainer Warrant on 4/25 for non-payment of April's rent. The only notice I rec'd prior to the detainer warrant was a notice saying my rent was late and late fees were now also due and please pay to keep my lease in effect.

I paid the rent and all late fees in full on 4/29 but the landlord refuses to take the case off the docket still seeking some sort of judgment (case set for 5/2). Can he still get a judgment of some sort or evict me now that everything is paid in full?

I live in Tennessee.

PS. There is a clause in my lease that says "If Lessor files a legal detainer against Lessee, and subsequent thereto accepts rent or other payment from Lessee, said acceptance of payment by Lessor shall not operate as any waiver or relinquishment of any rights to proceed with the legal detainer action and evict Lessee from the leased premises and obtain a judgment against Lessee for the balance owed".

I don't know if that clause sticks me with a judgment and/or eviction even though I'm paid in full and The Landlord Tenant Act seems to say otherwise.

Yes ( assuming they are looking to evict you) since you were late you were in default of any lease agreement and/or rental agreement, the money would be due but if paid so late, most likely they are merely wishing to evict.

There can not be a judgement ( except for of course perhaps May's rent that would be owed) but they can evict using this

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Originally Posted by Fr_Chuck

Yes ( assuming they are looking to evict you) since you were late you were in default of any lease agreement and/or rental agreement, the money would be due but if paid so late, most likely they are merley wishing to evict.

There can not be a judgment ( except for of course perhaps May's rent that would be owed) but they can evict using this

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Thanks =) He says he doesn't want to evict me but that he just wants to make sure he won't have to go through the same thing again later. I'm confused by what he wants.

We talked for a long time today and I think he wants the Judge to enter some sort of agreement about if I'm late again him having the authority to gain possession of the property but I don't think this can be done.

I think it's either drop the case or seek eviction? There's not much of an in between there. He said he would drop the case if I would give him some sort of collateral to hold in case I'm late or don't pay.

I understood The Landlord Tenant Act to say though, that if he accepts the rent he waives his right to terminate. And that I was to be given a 30 day notice first. So I'm a little confused about how this might go down in court.