If you are a landlord experiencing a legal issue with a tenant over missing rent payments, you might be confused as to whether or not you can accept partial payments of rent during the legal proceedings. Will it void the notices you have sent to the tenant and potentially prevent you from evicting the tenant for an extended period of time? Read on to learn more.
Demand for Possession of Non-Payment of Rent
Demand for Possession of Non-Payment of RentLandlords who have provided tenants with a Demand for Possession of Non-Payment of Rent, which is a request for back pay, can accept partial rent payments from tenants without interrupting ongoing legal actions. That means that if a tenant owes you back rent for the past five months and decides to pay you for two of them, you can still take that tenant to court for the three missing rent payments without delaying the process.
Notice to Quit or Termination of Tenancy
However, as a landlord, you need to be careful about accepting partial payments from tenants who have received Notice to Quit or Termination of Tenancy notices from you. Specifically, if you tell a tenant that he or she must vacate a property by a certain date and then you accept a rent payment at any point beyond that date, the notice you sent to your tenant could rendered legally moot. Taking any payment at that point forces you to go back to court, restarting the clock on the eviction process all over again.
Take a look at four common scenarios and how you could be affected in our partial payment section.
Accepting partial payments from tenants can be a tricky proposition for many landlords. It’s why it’s always a good idea to first speak with a lawyer before taking any other action. At Aaron Cox Law, we can help you with the eviction process, including preparing the proper legal documents and processing documents with the court so that you can complete an eviction quickly and within the confines of the law. Call us at 734-287-3664 today to discuss your case today.