Quick Version:
Rental started in July with rent due on the 10th of the month due to job pay schedule.
Made the mistake of giving tenants keys the beginning of July & allowing tenants to come in early to paint, move in furniture, etc WITHOUT taking any money upfront ~ just a promise to start paying on July 10th
(in my defense I had known this family for about 5 years ~ I would not normally do this).
Then the fun began:
July rent was paid 2 weeks late
August rent was almost a month late ~ we attempted to work with them and made payment agreements which were all broken
September they actually paid Sept early and included August rent and were caught up
October rent was paid 2 weeks late
In November they were 5 days late and we inquired when rent would be paid & were informed that they did not have any money, there was no way they could pay, etc.
We were finally fed up & ended up going through the whole eviction process ~ legally ~ and were issued a Judgement for back rent, Order that the premises were to be given back to us and a Warrant to give to the Sheriff to have them evicted. The judge gave them an additional 2 weeks to move and allowed them until the 31st of December to move out.
Tonight we were informed by our tenant (via message, we have not spoken to them in over a month, ever since we retained an attorney) that they wanted to know if the banks are open tomorrow as they had until tomorrow (12/31) to pay rent. So apparantly they misheard the judge and think they have until tomorrow to PAY, not MOVE OUT!
If they pay, does that VOID everything? We were waiting to see if they moved out on their own by the 31st, so we have not filed the warrant yet with the sheriffs office...and beyond that they were closed from 12/17-1/2 and we could not have filed anyway
Any help would be appreciated! I DO have an attorney, but this is a wrinkle I was NOT expecting ~ I will be calling them on Tuesday.
Again though I DO have a signed Order, Eviction Warrant AND Judgement all signed by the judge...