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  1. #1
    Join Date
    Sep 2016
    Posts
    15

    Default Paying Rent Before an Eviction Court Date

    My question involves landlord-tenant law in the State of: Oregon

    I've been posting in the bankruptcy forum but am not sure if the people who peruse that forum can answer my questions for me. My rent is due on the 1st of each month with a grace period until the 7th. I filed Bankruptcy on the 7th before any eviction proceedings or pay rent or quit began. An automatic stay went into place.

    I dropped a letter off to my management company about the bankruptcy and that I would be paying them rent but am not able to do it until the 22nd. Well before the stay is up. I received a pay rent or quit on my door the following day giving me until the 15th before they start eviction proceedings. Figured it was a crossing of lines.

    Today, I received in the mail a summons for eviction proceedings for the 26th. I have not received any notice that they overturned the stay to proceed with the eviction. Is this legal? I'll have the rent on the 22nd in full. Do I still pay them rent on the 22nd? If I do, this stops the proceedings correct?

    I mail my payments in, if I mail it in, can they send it back as a refusal of payment? Or do I hold it until the court date?

    It's in mine and my husband's name but he cannot get that date off so I'll be appearing by myself. Thank you.

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Paying Rent Before an Eviction Court Date

    Don't you have a bankruptcy lawyer?

    It is not clear if your rent was paid in full through the first of the month, or if you also have arrears. If you fail to pay your continuing rent after filing your bankruptcy case, the creditor can petition the bankruptcy court to lift the stay such that the bankruptcy can continue. If notice is properly submitted, the bankruptcy court will grant that relief and, unless you pay your rent, you will be evicted -- but there are differences in what rent a bankruptcy court may consider to be a post-petition obligation.

    To be clear, are you stating that your rent was paid in full through the first of the month, that you failed to pay rent on that date or within the subsequent grace period, and that you filed for bankruptcy on the seventh?

    As you say that you have filed for bankruptcy protection, why are we talking about letters you prepared yourself and not of official notices to your creditors -- and those notices usually go out in less than a week. That is, why are we speaking about a letter that you wrote and dropped off, as opposed to an official notice received by the creditor from the bankruptcy court?

    If the landlord has not yet sought relief from the stay, take formal notice of the bankruptcy to the eviction court such that they know that the stay is in effect. The eviction court should then stay proceedings.

  3. #3
    Join Date
    Sep 2016
    Posts
    15

    Default Re: Paying Rent Before an Eviction Court Date

    No I do not have a bankruptcy lawyer. Trust me, I wish I did. The amount of information that I've gleaned from numerous resources the past few weeks is making my head ache. Our total assets for everything in the entire house is around $3000. so sadly as much as I would love to have a bankruptcy lawyer, I can not afford it.

    Quote Quoting Mr. Knowitall
    View Post
    To be clear, are you stating that your rent was paid in full through the first of the month, that you failed to pay rent on that date or within the subsequent grace period, and that you filed for bankruptcy on the seventh?
    This is correct.

    When I sent out the letter to the management company, I had included the notice the clerk gave me at the Bankruptcy Court. She stated that this was for immediate creditors as it would take about a week for them to mail everything out. Along with that, I had included a note that while we were filing bankruptcy, we were still paying rent for this month and would be on time for the subsequent months.

    I am not aware if the bankruptcy court overturned the stay or not. I haven't been notified of this, and quite honestly, don't know if I'm supposed to be notified. I would think so, but with my luck lately you never know.

    Sheriff posted the notice on my door this morning. Embarrassing to say the least. I'll be hustling my behind down to the court house with the paperwork. I just wanted to know, if I paid rent before the court date, if that would stop eviction proceedings? I am literally paying it this Thursday, quite possibly this Wednesday.

    Thank you all for your help. It's been a very stressful few months and I'm not sure how much more I can handle!

  4. #4
    Join Date
    Sep 2016
    Posts
    15

    Default Re: Paying Rent Before an Eviction Court Date

    Follow up:

    I brought proof of the bankruptcy to the clerk for eviction court, she stated that I will still need to show up for court and bring forth my information then. It's this Monday at 8:30am. Yesterday as promised, I was at the management company's office even before they unlocked their doors with rent in hand. Receptionist stamped and accepted both money orders and gave me a receipt for proof of payment.

    Question one: Can they refuse payment at this point and return the money orders to me on Monday?

    Question two:
    Secondly, unbeknownst to me, in addition to rent, I was charged a late fee (understandable), but also a filing fee and sheriff's fee for the eviction process. Total amount $220. Given that I had notified them of the eviction, and they had never overturned the stay, is this legal since the process should not have been started in the first place? And can the eviction still proceed with this amount being owed?

    If it means staying in the rental, I will gladly suck up the fees and pay them but with the bankruptcy going on, I really don't have the extra right at this exact moment. I could pay it within 30 days on top of the rent for next month, do you think the judge would allow that?

    Thank you.

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