March 11, 2022
Guideline 7
A tenant facing eviction for nonpayment of rent should have the right to redeem the tenancy by paying off a judgment at any time before an eviction judgment.
Commentary:
State laws differ widely on the timelines and circumstances under which a tenant who has been sued for eviction based on nonpayment of rent can pay off the full amount owed to the landlord and thereby preserve the housing. Some states allow tenants to make such payments up until the eviction lawsuit is filed, or until a particular trial phase, until a judgment or within so many days after a judgment is entered, others until a physical eviction occurs - while others do not provide such a right of redemption at all.
A right of redemption also serves public policy more generally by increasing housing stability. Allowing tenants to redeem a tenancy imposes no hardship on a landlord, who is made whole by the tenant's payment of all amounts owed.