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FRKB

FRKB
Frequently Asked Questions

Landlord Tenant Law
FRKB&G Office Procedures


LANDLORD TENANT LAW

Q. The landlord is a corporation or a limited liability company. Must the landlord be represented by an attorney in eviction actions?

A. Yes. A corporation and a limited liability company must be represented by counsel in all eviction actions.



Q. May I accept payments after a judgment for possession is entered?

A. Yes. You may accept the rent in full. In that instance, since the judgment for possession has been satisfied, you cannot request the warrant of removal. However, if a partial payment is offered and you wish to accept it, you may accept it if you enter into a payment plan with the tenant on a Court approved form and timely file the agreement with the Court. Accepting a partial payment after the Court date without a written agreement and without filing it with the Court will void your judgment and you will have to file a new case in order to collect the balance due. If you do not wish to accept the partial payment, you should return it to the tenant or hold it (do not deposit it. If you elect to hold it, you must notify the tenant in writing that the payment is on hold, but not accepted by your office until payment in full is made.



Q. My tenant was evicted (locked out by the Constable), but the tenant did not remove all personal property from the apartment. May I throw it away?

A. No. According to the Abandoned Property Act, you must send a notice to the tenant at his/her last known address (this may be your apartment) and any other alternate address you have telling the tenant that property was left in the apartment and will be treated as abandoned property if the tenant does not pick it up by a fixed date. In the meantime, you are required to store the tenant's property temporarily. See our forms page on this website for a sample letter.



Q: My tenant was served with a Notice to Cease for habitual late payment of rent. May I accept future rent payments from this tenant?

A. Yes. However, at the time another late payment is offered and accepted, you must send a letter to the tenant advising the tenant that the payment and any late charge is accepted without prejudice, is made in breach of the lease and its acceptance does not waive the landlord's right to enforce the notice to cease or evict the tenant for habitual late payment of rent. See our forms page on this website for a sample letter.



Q. My tenant filed bankruptcy. What do I do?

A. If a tenant filed for bankruptcy protection, the tenant is obligated to pay the regular monthly rent beginning with the month after the Bankruptcy Petition is filed. If the tenant fails to do so, you must request permission from the Bankruptcy Court to start or continue an eviction action. In order to evict the tenant based upon non-payment of rent or any other reason, a motion must be filed with the Bankruptcy Court for permission to proceed. Fill out the bankruptcy information form on this website and call to speak with one of our attorneys.




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