My tenant paid partial rent. In today's world, everyone pays through electronic fund transfer for ease of transaction. Sometimes, the bank has a limit of amount per day.

My tenant paid rent and then told me that the rest will be paid the next day because of the limit. The payment never came. The tenant told me that there is a freeze on her account and then stopped answering the phone calls and messages.

I immediately mailed the check of partial payment to her address and filed for eviction. In Georgia, a partial payment is considered a payment and the Judge does not accept the eviction. So one must return the amount.

However, I did not mail the check through Certified Mail. Can I now send another check through Certified Mail and then have a proof of mailing? I will call my bank and ask for STOP-PAYMENT on the check number sent earlier.

Or, would Judge take my word that I sent the payment through mail? The tenant has not cashed the check as yet.

That's an odd thing... must be a GA thing if you can't have any partial rent paid (if so then you can't evict). Are you SURE that's the rule? How does Section 8 (or other programs) in your state work? What I mean is that many of these programs ONLY pay a portion and the tenant (or another program) may pay the other portions... so if that's the case and you can't evict if a partial payment was made then why in the world would ANYONE ever want to accept these programs?

Alex,

First - you've been here long enough Why are you wishin & hopin they pay? Autodraft and you would not be in this pickle. And it avoids the "limited amount" issue.

Don't be fooled. Res' account was "frozen" because it's overdrawn.

NEVER write your own check to refund someone. Her EFT to you has not cleared and may bounce. So YES I would pay for a STOP ORDER on my check to her.

Not every situation goes to court, and even then not all go before a judge. We work to SETTLE before court. Avoids arguments about details and judicial technicalities, like your partial rent.

MY method is to HOLD the money. I put it in an envelope and lay it on the table in plain sight in court IF and only IF the judge asks we can return it.

Gotta know YOUR judge.

BRAD

PS with autdraft we no longer get those "I'll pay some now and make you whole next week" calls.

Thanks to those who answered.

Yes, a partial payment needs to be returned before an eviction can proceed. I can sue for whole rent and not partial rent. I am not sure why this rule is in Georgia; does not make sense to me. For me, it sounds logical to take whatever money the tenant pays and sue/claim for rest.

I never had Section 8 but I believe, in Section 8, the entire rent is paid by the Government. Some LL love it as it is a guaranteed payment.

Here are statues from Georgia Landlord - Tenant Handbook

My tenant and I disagree over the amount of rent due this month. The tenant gave me a check for part of the rent. Should I cash the check?

If the landlord accepts partial rent he cannot then seek to dispossess or evict the tenant for failure to pay the monthly rent. If the tenant fails to pay the remaining amount of rent due, the landlord would have to sue the tenant for payment but could not dispossess or evict the tenant for nonpayment. A landlord’s acceptance of a tenant’s check for less than the full rental amount, does not release the tenant from having to pay the disputed amount.

My tenant’s rent was due on the fifth of the month and it was not paid. I want to file legal action to evict my tenant for failure to pay rent but I have not yet filed legal action. On the 15th the tenant offered me the rent and the late charges. Can I take the rent and file to evict for nonpayment?

No. The rent must be unpaid when the dispossessory action for nonpayment is filed with the court. The acceptance of late rent, even the acceptance of partial rent; will prevent the landlord from being able to evict a tenant for nonpayment.

Section 8 does not always pay all the rent.