What can a tenant do if a landlord won’t accept a court-ordered eviction payment on time?

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Richard
Richard

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It sounds like you're in a tough spot, and I understand your concern about making sure your payment is properly credited. Here's what you can consider doing next:

  1. File a Motion to Stay the Writ of Possession -You can go to the magistrate court and file a motion to stay the writ of possession. This is a request to temporarily halt the eviction process. Explain that you attempted to make the payment as per the court's judgment but were unable to due to the property management's conflicting instructions.
  2. Document Everything -Make sure you have all your communications documented, including emails, phone calls, and any other correspondence with the property management. This will be crucial if you need to present your case in court.
  3. Seek Legal Assistance -Although you've had difficulty reaching legal aid, continue trying to get in touch with a tenant's rights attorney or a legal aid service. They can provide specific advice tailored to your situation and may be able to assist with filing the motion.
  4. Contact the Court Clerk -Reach out to the court clerk for guidance on how to file the motion and any other steps you might need to take. They can often provide information on the process and any forms you need to complete.
  5. Consider Mediation - If possible, suggest mediation with the property management to resolve the payment issue. This can sometimes be a quicker and less adversarial way to reach an agreement.
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I am living in a home where we have been renting since April 2025. There have been issues with the plumbing since October. I let them know about it. They basically did nothing. I got all the way up to Director level and they still did nothing, and the ceiling actually ended up coming down in the inner room. I got laid off, and also they approved work orders from my neighbors on my property, so I got an HOA violation of $250 which locked my account because I couldn't pay my rent with the added fee. Over time we ended up in eviction court, where I presented a mold test that I had to pay for with extremely elevated levels of Aspergillus, and they basically wouldn't let me talk about it. The judge did tell them that they had to waive all of the fines they had added to my account, and that I had seven days to pay or leave. So today is the seventh day. I got an email on the 13th from the property manager stating that she had corrected my account to the judgment total and that I was able to make my payment. I then got an email from their automated system stating that I still owed $9,000, which was not the correct total, and that I needed to log in to make a payment before action was taken. So I tried to log in to see if there was something in there from the property manager that would allow me to pay what I was supposed to, but I can't see anything in my portal. There's no total, there's nothing, I can't make a payment. So today, before the office even opened, I emailed the property manager saying it says I still owe $9,000 and I'm trying to make my payment but this is incorrect, and I can't make a payment online even if I wanted to. She didn't reply, so I called the customer service line, which is an overseas call center, and it led me to an automated call that said it couldn't take my payment, then told me to call another number. I called that number and the representative said I still owed $9,000, and I said no, that's not what the judgment was, and that the property manager said she corrected it. She put me on hold for five to ten minutes and came back and said she saw where the property manager added a note that I could pay $7,315, and I said yes, and she said, but since the note was added on the 13th, she'd have to get approval from the property manager to take my payment. I said it's a court order judgment, I don't think anyone has a choice, they have to take my payment, and she said she couldn't take any payment without the property manager's permission. I'm at work, and I'm a talent acquisition specialist on back-to-back interviews. I had some in person that day, so I told her I'm on scheduled calls for the rest of the day and don't have the ability or authority to reschedule, and gave her the times of all my calls, and said if she called back and couldn't reach me, to send a detailed email of what the property manager said about how I could pay in that time. By the time I hung up the phone, she hadn't had a chance to talk to the property manager. The property manager emailed me back and said I could pay by phone at the number I had literally just hung up with, or bring in certified funds to the office, but their office had already closed for the day. She did not email me back until 3:08 PM. I have calls, I was literally going into another one, and I told her there was no way I would make it, so I emailed her back saying I just got off the phone with that number and they said they have to have her permission, and asked what I needed to do, because if they close before I get an answer, I don't know what to do, I'm trying to submit my payment. She never emailed me back, and then the call center representative called me three times while I was in the meetings I told her I'd be in, then sent an email saying I'd have to pay before the day was over or I'd have to pay the total balance. I emailed her back saying, as I mentioned, I'm in scheduled interviews and can't get out of them, and what total balance is she referring to, because the judgment is $7,315 and I don't think that total can be changed. I've been trying all day to pay and haven't been able to get any instruction on what to do, and she doesn't reply. I had also submitted a Better Business Bureau complaint earlier in all of this, and someone from their executive team finally emailed me back around 6 PM, going over how there's nothing wrong with the house, and I said yes there is, but that's fine, because I have a lab report that says otherwise. He said I could no longer make payments online due to being in eviction status, so I'd have to take a certified check to the office. This was the first time I'd been told that, on the day it was due, after the office was already closed. Then the representative emailed me back while I was reading his email, saying, sorry, I couldn't pay over the phone anymore either, it had to be a certified check in the office. So what are my options and what do I need to do?

user
Lexi
Lexi, Chatbot

I'm really sorry to hear about the difficult situation you're facing with your rental and eviction process. Have you documented all your communications with the property management regarding the plumbing issues and payment disputes?

Yes, I documented all of it and handed it in a binder to the judge, and that's why she removed a bunch of the fines but still granted them the rent. They wouldn't allow me to talk about the mold or anything like that because I'm not an expert. I can't appeal it anymore either because today was the deadline, and I thought I was going to be able to pay, which they made impossible because they wouldn't accept my payment over the phone, which I was told I would be allowed to do. I can't even see my account at all online. She told me she fixed my account, but it's not, it still reflects the same numbers. So as of now I'm past my deadline because I got incorrect information from three different people, none of which was possible. I can't take a check to a closed office, and I'm not going to drop off a cashier's check for almost $8,000 in a dropbox when my account isn't correct, because then they could take that money and say I still owe $2,000, which I don't, and they're trying to say it's $9,000 even though the judge ordered $7,315.

user
Lexi
Lexi, Chatbot

Have you consulted with a lawyer or legal aid service about your rights as a tenant in this situation?

I did try. I called legal aid several times and left voicemails, and no one ever called me back. I tried to secure a private attorney, and the only one I could find who would go against the landlord didn't have availability until the 22nd, but court was on the ninth, so I had to go in with really no consultation and no legal defense. I did it all myself, which I was pretty happy with, given that she at least made them remove the fines I should never have had to pay in the first place. So no, I haven't been able to.

user
Lexi
Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your eviction issue.

No.

user
Richard
Richard

Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with a situation where you've been unable to make a payment due to conflicting information from your property management, leading to an eviction issue. Disclaimer: Just a note, this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

Hi Richard, so what led to the eviction was they were adding fines to my account from the HOA, and they would not remove them until after rent was due, so then my rent would be late and I would get these huge fees. I've been paying them, but it got to the point after I got laid off that I couldn't afford another fee, and they wouldn't take them off. Then all this flooding happened, and I had to pay for my own mold test and a bunch of other things that ended up putting me into eviction. I presented all of this in court, and the judge did tell them they had to remove the fines, so she dropped what I owed from around $9,000 to $7,315. Today was my deadline to pay or leave, and I've been trying to pay all day. I got an email in the middle of the night that my balance was $9,000, after the property manager told me on the 13th that she had corrected my account and I was able to make a payment. Then I got a conflicting email that my balance was still around $9,000 and that I needed to use a link to pay that way. I tried that, but I still couldn't access my account, so I had to wait until they opened today to call customer service, which I did, and they would not accept my payment. She did not email me back until 3 PM. For context, we do not have phone numbers to contact our property managers directly, we have to go through customer service, which is outsourced overseas, they send an email and then the property manager contacts us. So I emailed her directly and called the customer service center to try to pay, and every way I turned it was blocked. They said they couldn't accept my payment without her approval. She called and told me to call the same number that had already told me they couldn't accept my payment without her approval, and then I got an email from an executive, because I had made a BBB complaint, stating I could no longer make phone payments and would have to pay by certified check in the office, but the office was closed and today was my deadline. So I'm trying to figure out what I'm supposed to do tomorrow morning, since I've literally been trying to get this paid since 6:30 this morning.

user
Richard
Richard

I understand you've been dealing with a lot. Could you tell me if you've received any formal legal notices or court documents related to the eviction proceedings, aside from the court judgment you mentioned? This will help me understand the current legal status.

No, the only thing I got was the judgment on the day of court, which just stated I needed to pay the $7,315 or vacate, and that I would still owe that amount of money. There was nothing that ever stated the balance would change, nothing outside of that, so I really don't know where they're coming up with the idea that if I didn't pay today, tomorrow I was going to owe the full $9,000 and some odd dollars. And then to be told it actually had to be paid this way, in the office, today, but by the time I got that feedback, the office had already been closed for an hour.

user

And I should add that I do have it in an email from the property manager stating that I could pay over the phone, and stating that I could go into my account and make the payment of the judgment amount, and neither one of those things was possible.

user
Richard
Richard

Thanks for sharing that. Have you tried reaching out to the property management or the property manager again to resolve this issue, especially since you have their email stating you could pay over the phone? It might be helpful to know if there have been any recent communications or attempts to clarify the payment process.

Yes, I've been communicating with her. She's the one who told me to call the number that I had already called, that said they couldn't take my payment without her approval. I emailed her back immediately, because again, I do not have a phone number for her, they don't give out numbers for us to call the property managers. So I emailed her back as soon as I got her response at 3:08 PM and told her that the number she listed would not accept my payment without her approval, and that I didn't stand a chance of making it to their office at that point in the day, I was too far away and would never have made it there to bring a cashier's check. I asked her to please advise what I needed to do, and she did not reply. She still hasn't replied.

user
Richard
Richard

Based on your situation, there are several legal arguments and tenant rights in the United States that could potentially support your case: Tenant Rights: Tenants have the right to a habitable living environment. If the plumbing issues and mold you mentioned were not addressed by the landlord, this could be a violation of the implied warranty of habitability, which requires landlords to maintain rental properties in a condition fit for human habitation. Eviction Process: The eviction process must follow specific legal procedures. If you were given conflicting information about your payment options and deadlines, this could potentially be seen as a failure to provide clear and fair communication, which is essential in eviction proceedings. Consumer Protection: The misleading information regarding your payment options and account status might fall under consumer protection laws, which require businesses to provide accurate and truthful information to consumers. Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

I'm just trying to figure out what I can do tomorrow. I read that I could document all of this and go to the magistrate court to file to stop the writ, since they wouldn't accept my payment or give me an acceptable way to pay before it was too late. So I'm trying to see, is that something I should do? I don't feel comfortable just handing them a check when my account isn't actually reflecting the balance it should, and they're not giving me access to see it. It seems to me like they're trying to take the money and say I'm still delinquent, and then still be able to remove me from the home at the end of the day. So my question is, should I go to the court and file a motion to stop the writ so I can force them to accept the payment, or is that not a thing?

user
Richard
Richard

It sounds like you're in a tough spot, and I understand your concern about making sure your payment is properly credited. Here's what you can consider doing next:

  1. File a Motion to Stay the Writ of Possession -You can go to the magistrate court and file a motion to stay the writ of possession. This is a request to temporarily halt the eviction process. Explain that you attempted to make the payment as per the court's judgment but were unable to due to the property management's conflicting instructions.
  2. Document Everything -Make sure you have all your communications documented, including emails, phone calls, and any other correspondence with the property management. This will be crucial if you need to present your case in court.
  3. Seek Legal Assistance -Although you've had difficulty reaching legal aid, continue trying to get in touch with a tenant's rights attorney or a legal aid service. They can provide specific advice tailored to your situation and may be able to assist with filing the motion.
  4. Contact the Court Clerk -Reach out to the court clerk for guidance on how to file the motion and any other steps you might need to take. They can often provide information on the process and any forms you need to complete.
  5. Consider Mediation - If possible, suggest mediation with the property management to resolve the payment issue. This can sometimes be a quicker and less adversarial way to reach an agreement.

Thank you!

user
Richard
Richard

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Just a friendly reminder, don't hesitate to reach out whenever you need assistance!

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