If the Tenant pays all amounts determined to be past due under the judgment for possession, plus court awarded costs and fees, then the landlord may not move forward with eviction. This right of the tenant to cancel the eviction is called the right to redemption. The right to redemption may be exercised by the tenant at any time prior to actual execution of the eviction order. The money can even be paid at the time the sheriff knocks on the door to perform the eviction. It is unlawful for a landlord to evict a tenant without the sheriff being present. However, if three judgments of possession against the tenant have been entered within the 12 month period prior to the filing date of the complaint, then the tenant does not have the right to redemption. To actually foreclose the tenants right to redemption, the landlord must ask the court to do so as part of the complaint and the court must make such a ruling at the time that judgment is issued. Real Property § 8-401(e).
Caveat: If the landlord has filed and won more than once rent case, the tenant must pay the amounts due under "ALL" of the judgments to avoid eviction.
Follow the link below for more information on the court process for nonpayment.
This information is to provide general information about the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the publisher or any attorney contributor. The information on this site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Like us on Facebook