1. A tenant whose landlord has filed a dispossessory affidavit because of nonpayment of rent may be able to avoid being evicted by paying all rent that the landlord alleges is due pluscourt costs. This is called the “tender defense”because the tenant tenders the rent owed to the landlord. The amount owed should be stated on the dispossessory affidavit served on the tenant.The tenant must offer payment within seven (7)days of receiving the dispossessory affidavit.The landlord is required to accept such payment from the tenant only once in a twelve-month period. If the landlord does accept the tender payment,the tenant must still file an answer to the dispossessory with the court stating that the landlord accepted payment. If the tenant does not put in their answer that the landlord accepted tender, the court will not be aware of payment and may issue an order for you to be evicted. If a landlord refuses to accept an offer of tender, the tenant should file an answer to the dispossessory affidavit stating that tender was offered, but refused. Some courts will allow the tenant to tender payment to the court. If a court finds the landlord refused a proper tender, the court can order the landlord to accept payment of rent, late fees and court costs and allow the tenant to remain in possession, if the tenant makes payment within three days.
2. When a landlord files a dispossessory based on nonpayment of rent, the landlord cannot accept rent from the tenant because it would give the tenant a defense to the dispossessory. After the dispossessory affidavit has been filed, the landlord can request that the court order the tenant to pay rent into court. Where the dispossessory has been filed because the lease has expired or been terminated but the tenant has not vacated,the landlord should not accept payment. If the landlord accepts rent after the existing tenancy has terminated but before filing a dispossessory warrant, it creates a tenancy-at-will, which would need to be terminated before the tenant could be dispossessed. The creation of a tenancy-at-will would require the landlord to give the tenant a sixty (60) day notice to terminate。
1段说房东file dispossessory 后，租客交上租就可以避面被evict ；如房东不接收，法庭还可能命令房东接受。2段又说房东file dispossessory后不可以接受租客给的租金，要通过法庭。我糊涂了，英文差，帮忙解释下。先谢了。
