Can a landlord refuse my payment after a court judgement and then collect on it later?
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Can a landlord refuse my payment after a court judgement and then collect on it later?
My landlord won a judgement on me for late payment of rent (1 month) so had to pay within 10 days. I had the payment within those 10 days, and the landlord refused my payment because the next month is due. So if they refused it do I still have to pay them?
Asked on September 1, 2011 under Real Estate Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
To answer your question in detail, I need to know if the judgment that the landlord obtained against you was for the balance of the lease where the judge held that you owed a certain amount to the landlord and that the lease was at an end or not.
If the judgment against you for the landlord was a set amount to be paid within ten (10) days and you tendered the full amount of the judgment in that time period, it was wrong of the landlord to not accept it.
Even though the landlord refused the payment, you are still obligated to make the payment on the judgment. I suggest that you write the landlord a letter advsing of his or her prior refusal to accept the tender and enclose another check for the amount of the judgment. Keep a copy of the letter and check for future reference if need be.
Good luck.
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