Ok. My sister paid her rent on April 28, 2008 for the month of April. The landlord accepted it and said it was OK to pay the lates fees on the 8 of May. She would also be paying her May rent on May 25 when she was paid. Note: she was laid off and just started back to work, she has always written the landlord regarding the changes in her employment.

When she paid her rent on April 28th the landlord accepted the money orders and the lates fees came out of her checking account (direct debit). A note was placed on her door stating a 0 balce for April and what was owed for May. The note never stated that she needed to appear in court since her rent was paid on April 28th. When the landlord went to court the judge ruled in the landlords favor. My sister was not in court bcause she had already PAID rent. Now tell me is this mess correct

It doesn't matter what anyone here thinks - your sister has to go to Court, ask that the Judge's decision be set aside, take her proof to Court, get a rehearing.

She will be going to court she just filed the appeal. But it is listed in TExas that if the landlord accepts money then eviction is null and void.. So the appeal is in a week and we have so much PROOF in black and white it is ridiculous.

Thanks for the response JudykayTee

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Originally Posted by corden

she will be going to court she just filed the appeal. But it is listed in TExas that if the landlord accepts money then eviction is null and void.. So the appeal is in a week and we have so much PROOF in black and white it is ridiculous.

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No one has ever said the legal system is fair and the Court only knows what it is told - I'm not sure the Court even knew the background here.

When was the court date? If the court date was May 1 or after, then the landlord was probably allowed to amend his complaint to include May rent. If May rent hadn't been paid by that date, even though April rent had been paid, then the judge would probably allow it and give the landlord a judgment. But definitely appeal it anyway.

The court date was Friday May 7 but there was no notice given of any admendments. Nothing was reposted that the court was standing and the court date was now for May 2008 instead of April. The amounts have even changed as well. Whatg was owed on May 8 was totally different than what was owed on April 28, 2009

Thanks you all for the responses I will let you all know what happens

The first step in getting an eviction for non payment of rent is a pay or quit notice. Assuming rent is due on the first of the month, then on April 2, the landlord can issue a pay or quit notice of 3-10 days. April 28 is clearly after that deadline. Since she didn't by the deadline, the landlord filed for an eviction order which meant a hearing date was set. You didn't make it clear but I believe your sister was informed about the hearing.

When your sister paid her rent, she did not pay in full because late charges were not paid. Since your sister was aware of the court date she should not have assumed it was cancelled and should have checked with the court.

Now what the landlord told the court at the hearing is an issue for appeal. But I don't see much other grounds. At the time of the hearing she was again late for the May payment.

So, again, the key issue is what the landlord said at the hearing on the grounds for the judges ruling.

After receiving the rent on April 28th, the landlord accepted the terms of receiving late fees. In Texas you can not evict on lates. So when the rent of $1076 was paid the landlord wrote a letter to hear, handwriiten stating that you have a 0 balance and stated what the balance was for MAY not stating anything about the court date. The courts posted an eviction notice for the April balance, and for that court date, NOTHING was posted or was given to inform the tenant that eviction court was still standing for MAY. The landlord also didn't state any of that in her letter. And theis landlord is NEW. The previous manager which we were unaware was moved to another property was aware of all of this. She was aware that my sisiter had been paying late only these last four months due to her lay off , however rent and late fees were always paid. Prior she had never been late.

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Originally Posted by corden

wrote a letter to hear, handwriiten stating that you have a 0 balance and stated what the balance was for MAY not stating anything about the court date. The courts posted an eviction notice for the April balance, and for that court date, NOTHING was posted or was given to inform the tenant that eviction court was still standing for MAY. The landlord also didn't state any of that in her letter.

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But was anything said that the hearing was cancelled? You seem to think that because nothing was said that the hearing was still scheduled, that it should have been cancelled. The opposite is true. Once the hearing is scheduled, one should assume the hearing is still on unless they receive specific notice of cancellation. That's the big mistake your sister made. She assumed, because she paid, that the hearing would be cancelled so failed to check, which was HER responsibility.

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Originally Posted by corden

And theis landlord is NEW.

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So its not the landlord but the property manager. This could mean that the landlord overruled the PM and made sure the hearing went on.

I do agree with you, that given the notice that April had been paid, she should be able to get the default judgement reversed. But, in the future, she should not assume things not in evidence.

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Originally Posted by corden

the court date was Friday May 7 but there was no notice given of any admendments. nothing was reposted that the court was standing and the court date was now for May 2008 insted of April. The amounts have even changed as well. Whatg was owed on May 8 was totally different than what was owed on April 28, 2009

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Notice of an amendment is not required. It happens in court, on a court date for which she had already received notice. You should NEVER miss a court date unless the court clerk tells you it's been dismissed.

Even though April rent was eventually paid in full can't the landlord continue the eviction procedures because of the late rent payment?

Where I live a landlord can evict based on frequent late payments.

Even if she was evicted that money for April rent was still owed, and now she owed for May also I would assume.