| WHAT IF I RECEIVE MONEY FROM MY TENANT AFTER THE LAWSUIT IS FILED? |
DO NOT cash or negotiate the funds. DO NOT take the money to the bank. DO NOT issue a receipt to the tenant. DO NOT take the money without an advance written settlement agreement being prepared by the law office. The consequence of accepting money from the tenant after the lawsuit has been filed is that the tenant will argue to the court that the matter was entirely settled with you, and that you have lost all of your rights to evict, obtain a money judgment for unpaid rent, attorneys fees, and costs of suit. Please DO NOT attempt to prepare your own settlement agreement with your tenant. Essentially, would you perform medical surgery on yourself? A wise answer is that you would never do that which only a skilled and trained professional should do; of course, it now goes without saying that neither should you jeopardize your legal position by cashing funds or accepting funds that have been given to you by the tenant after the lawsuit has been filed unless you have the advance written permission from the law office. We will tell you the circumstances under which you should accept the funds, if any. |