Can I Stay in My Rental if I Pay the Rent Owed After a Judgment?

Question from Tom, Can I Stay in My Rental if I Pay the Rent Owed After a Judgment?

Answer from AI:

If you have received a notice of a judgment transcript for a residential lease, and the details mention that possession is granted but you can satisfy the order of possession by paying the rent owed and the costs of the proceedings, it generally means that you may be able to stay in your rental property if you pay the required amounts before the landlord takes actual possession. This is often referred to as the “right to redeem.”

Understanding the Right to Redeem

The right to redeem allows tenants to avoid eviction by paying the full amount of rent owed, along with any additional costs specified in the judgment, before the landlord takes physical possession of the property. Here are some key points to understand:

• Timing: You must pay the rent and costs before the landlord or the executing officer takes actual possession of the property.
• Amount: The payment must cover all rent arrears and any court costs or fees associated with the eviction proceedings.
• Execution Officer: Payment is typically made to the executing officer, such as a sheriff or marshal, who is responsible for enforcing the eviction order.

Steps to Take

If you wish to exercise your right to redeem, follow these steps:

1. Review the Judgment: Carefully read the judgment to understand the total amount you owe, including rent and any additional costs.
2. Contact the Executing Officer: Reach out to the executing officer to confirm the exact amount and the process for making the payment.
3. Make the Payment: Ensure you pay the full amount before the officer takes possession of the property. Obtain a receipt or proof of payment.
4. Notify the Landlord: Inform your landlord that you have made the payment to avoid any misunderstandings.

Legal Considerations

While the right to redeem can prevent eviction, it is important to understand the legal context and potential limitations:

• State Laws: The right to redeem and the specific procedures can vary by state. For example, some states have specific statutes that outline the tenant’s right to redeem, such as California’s Civil Code Section 1174(c).
• Multiple Evictions: If you have faced multiple eviction proceedings, the court may limit your right to redeem.
• Legal Advice: If you are unsure about your rights or the process, it is advisable to consult with a legal professional.

When to Seek Legal Advice

If you have any doubts or face complications, seeking legal advice is crucial. A legal professional can provide personalized guidance based on your specific situation. You can find legal assistance through:

• Legal Services Corporation
• American Bar Association Free Legal Help

Remember, while general information can be helpful, only a legal professional can provide advice tailored to your unique circumstances.