House & Apartment

Yes. You can still be evicted even if you make partial payments to your landlord An owner of property who rents it out to a tenant . You may want to create a written repayment plan with your landlord. 

You and your landlord will need to sign this agreement. No matter the relationship you have with your landlord, a verbal promise won’t protect you from an eviction A court case brought by a landlord to get a tenant to move out . Without a written agreement, it will be hard to get your smaller payments returned if your landlord evicts you. 

What should be in my payment plan? 

The written agreement must include the following details: 

• Your name, signature, and address,
• Your landlord’s name and signature,
• The months and amount due in rent from the original lease,
• The months and amount due in rent for the repayment plan, and
• A statement that the landlord will not evict or charge a late fee if the tenant A person who rents a space pays according to the repayment plan.

Please refer to the example repayment plan.

Here are some tips to help you with your payment plan:

• Be realistic about what you can afford for your repayment plan. Only agree to payments that you can afford.
• Make your payments on time. If you fall behind on the repayment plan, your landlord will be able to use this as evidence Anything used to show that something is true for an eviction. 
• Make payments through a check, credit card, or an online service. It is important that you document your payments so that your landlord cannot claim you have fallen behind. 
• If you make payments with a money order, be sure to get a receipt. Avoid paying with cash.
• Keep a record in a single, secure place for yourself so that you may refer to payments.
• Create a folder in your inbox of email communications with your landlord. This will make finding emails easier. 

How do I ask my landlord for a payment plan? 

Be respectful, but firm. Consider putting all correspondence in writing, like text and email. Having documentation of conversations can be helpful for you and your landlord. 

Examples:

“I would like to discuss a repayment plan for my late rent. I am having a hard time right now but I want to remain a tenant of yours so that you are able to receive rent. I also want my family and I to keep our home. I believe we can work something out so that we both benefit.”

“Times have been financially straining for my family. As you know, I have fallen behind on rent. I would like to create a repayment plan with you. I want you to receive rent payments and I want my family to keep our home.”

Again, do not agree to a verbal agreement. Insist on a written one.

And remember, you are not alone. Many tenants are unable to keep up with rent payments.

What if my landlord refuses? 

Unfortunately, your landlord does not have to agree to a repayment plan. Your landlord can charge late fees and begin the process of evicting you. Your landlord will not have to return any partial rent payments you make. An eviction can make renting more difficult in the future. It is in your best interest to avoid an eviction. 

Your landlord will serve Giving court documents to someone you with a 5-day notice. The notice must be in writing. You will have 5 days to pay rent. If you do not pay your rent, your landlord can file to evict you in court. If you try to pay after the 5 days, your landlord can choose to reject your payment. If you cannot make the rent payment, you should prepare to move out.