Today I received a dispossessory affidavit because I failed to pay my rent. I now have the money to pay my rent. What can I do?
A tenant whose landlord has filed a possessory affidavit because of nonpayment of
rent may be able to avoid being evicted by payinall rent that the landl rd alleges is due plus
court costs. This is called the “tender defense because the tenant tenders the rent owed to the
landlord. The amount owed should be stated on the dispossessory affidavit served on the tenant.
The tenant must offer payment within seven (7days of receiving the dispossessory affidavit.
The landlord is required to accet such payment from the tenant only once in a twelve-month
period. If the landlord does accept the tender payment,the tenant must still file an answer to the
dispossessory with the court staing that the landlord accepted pyment. If the tenant does not
put in their answer that the landlord accepted tender, the court wll not be aware of payment and
may issue an order for you to be evicted.
If a landlord refuses to accept an offer of neder, the tenant should ile an answer to the
dispossessory affidavit stating that tender was ffered, but refused. Some courts will allow the
tenant to tender payment to the court. If aourt finds the landlord refused a proper tender, the
court can order the landlord toaccept payment of rent, late efes and court costs and allow the
tenant to remain in possession, ithe tenant makes payment within three days of the court's
accept payment, that payment will not count as use of the “tender defense” which can only be
used once every twelve months.
My tenant was served with the dispossessory. When can I require her to move?
The tenant is allowed to remain in possessionof the rental propertyuntil there is a court
order that she vacates. If the dispossessory wa nt was served and the tenant did not file an
answer, the court can issue a “writ of possession” aft r the time to file an answer expires. If the