Non-payment of rent / eviction

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southerngurl71

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Our tenants have failed to pay rent for two months in a row. They were served notice to pay or quit, then served the eviction papers. Apparently, they are going to try and fight the eviction. I don't know on what grounds, but there are no issues of repair or anything like that - they simply didn't pay their rent in April because they had a "family emergency." They publically admitted this when they posted signs in the neighborhood complaining that their lease was terminated b/c they didn't have their rent money (have pictures and sheriff's deputy to prove). They haven't paid May's rent, I am assuming, because they are being evicted.

I have read the law which states: SECTION 27-40-790. Payment of rent into court.

In any action where the landlord sues for possession and the tenant raises defenses or counterclaims pursuant to this chapter or the rental agreement:

(a) The tenant is required to pay the landlord all rent which becomes due after the issuance of a written rule requiring the tenant to vacate or show cause as rent becomes due and the landlord is required to provide the tenant with a written receipt for each payment except when the tenant pays by check. If the landlord and tenant disagree as to the amount of rent or the time of payments thereof, the court shall hold a hearing as soon as feasible after the issues have been joined, and preliminarily determine the matter. In the event that the basis for the disagreement of the amount of rent due is the landlord's alleged violation of the rental agreement or the provisions of this chapter, the rent to be paid must be the fair-market rental value of the premises at the time of the hearing. Rent must not be abated for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his permission or who is allowed access to the premises by the tenant.

Does this mean that in order to protest the eviction, they have to pay the rent they owe in court? To me this sounds like if they want to challenge the eviction they have to be current on their rent, which they, obviously, are not.

If anyone has an understanding of this law, please help!
 
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