Partial payment of past due rent

[Lryan]

A resident is two months behind in rent and late fees. Has been given Notice to Vacate and will evict if they do not leave. Resident has stated they can make a payment. If I accept this payment, they are still in arrears; can I still proceed with eviction?

[sunlover]

Do not open that can or worms. If you accept partial payment you will need some sort of promise (in writing suggested) on when balance will be paid. The tenant has a valid arguement that accepting partial payment stalled eviction. This is slipperly slope. If your ok with partial payment to put off eviction then do as suggested get a written agreement on when balance will be paid. NO MORE agreements after that date has passed! If your not ok with this then proceed with eviction if not paid by notice date

Lryan, this depends on several things: 1)Does the tenant have a lease or are you merely terminating a month to month agreement? and 2) What state are you in?

If you have a lease with the tenant, it is normally not advisable to collect any payment toward rent as it often revokes any notice to terminate that you have served. That said, there are a few states that allow you to accept partial payment sand continue to evict as long as payment in full is not rendered. Check your state law for this exception.

If there is no lease. you can accept payment as long as it is a written understanding that you still assert your right and notice to terminate the month to month agreement. In this case, you can accept back due rent, but not any future rent without jeopardising your right to terminate.

Thanks! it is Missouri. The lease for the Co. I work for unfortunately does not address partial rent payments. It is probably better to get them out now rather than accept the payment and have the re-issue the notice to vacate since I am sure they will never actually pay in full.....