partial rent / eviction
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partial rent / eviction (by Bonanza [NC]) Jun 11, 2024 10:03 AM
       partial rent / eviction (by Frank [NJ]) Jun 11, 2024 1:33 PM
       partial rent / eviction (by WMH [NC]) Jun 11, 2024 4:12 PM
       partial rent / eviction (by WMH [NC]) Jun 11, 2024 4:14 PM
       partial rent / eviction (by Jason [VA]) Jun 11, 2024 4:19 PM
       partial rent / eviction (by mapleaf18 [NY]) Jun 11, 2024 11:24 PM
       partial rent / eviction (by Small potatoes [NY]) Jun 11, 2024 11:57 PM
       partial rent / eviction (by zero [IN]) Jun 12, 2024 9:58 AM

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partial rent / eviction (by Bonanza [NC]) Posted on: Jun 11, 2024 10:03 AM

Some of you have indicated in your state that if you accept partial rent then the eviction proceedings stop.

NC has a clause in their residential lease that says this. While I am not a lawyer I wonder if it would be helpful in your state. Just passing it along.

Acceptance of Partial Rent: Tenant acknowledges and understands that, as allowed in N.C.G.S. ß 42-26, Landlordís

acceptance of partial rent or partial housing subsidy will not waive Tenantís breach of this Agreement or limit Landlordís rights to

evict Tenant through a summary ejectment proceeding, whether filed before or after Landlordís acceptance of any such partial rent or

partial housing subsidy.

partial rent / eviction (by Frank [NJ]) Posted on: Jun 11, 2024 1:33 PM

Every jurisdiction can very likely treat this differently.

Get the best answer from local atty. who appears for LL's in the Housing Court

partial rent / eviction (by WMH [NC]) Posted on: Jun 11, 2024 4:12 PM

Bonanza, it depends on which box was checked on the eviction form. If the "failed to pay rent" box was checked as the reason for summary ejectment, then the tenant can pay whatever is due and stop the eviction. Not partial: all.

BUT if the "breach of lease" box is checked, and then "failure to pay rent when due" is given as the reason, the tenant can pay rent all day and the eviction can move forward anyway.

Simple but important legal distinction! One means you just want your money and you are willing for the tenant to stay if they pay up. That box is usually used if there isn't a written lease, btw. The other box says they breached their lease and you want them out regardless of whether they pay up. If you have a written lease, this is the box to use.

partial rent / eviction (by WMH [NC]) Posted on: Jun 11, 2024 4:14 PM

Important: you can accept past RENT DUE and the eviction can continue but don't accept future rent or you essentially say you are okay with stopping eviction proceedings and they can stay.

partial rent / eviction (by Jason [VA]) Posted on: Jun 11, 2024 4:19 PM

In my neck of the woods, if you specify that rent will be accepted with reservation on the poq, youíll be in the clear.

partial rent / eviction (by mapleaf18 [NY]) Posted on: Jun 11, 2024 11:24 PM

In NYS, any acceptance of any amount of funds halts the eviction as is my understanding.

partial rent / eviction (by Small potatoes [NY]) Posted on: Jun 11, 2024 11:57 PM

Mapleleaf is correct, if tenant is in arrears though and proceedings are under way they have to give all the funds to the court to hold on to. Not sure what happens if they don't have anything. Separately they can provide a reason that being relocated would disrupt their life and it can be stopped for a random period of time. Make sure your lease also says that if one section is found to be unenforceable it does not mean the whole lease is kaput

partial rent / eviction (by zero [IN]) Posted on: Jun 12, 2024 9:58 AM

My lease says something like all monies paid first go to damages, late fees, back rents and then current rents in that order.

Although we can only get 10% for late fees it helps to keep them in check.

Unfortunately I have had evictions in the past. Only two times that I can think of did the tenant say they wanted to pay. First time was when I hired an outside company to do the evictions. They negotiated in front of the judge. Tenant agreed to pay and never did. Go figure. Had to refile, without the help of the third party.

The other that I recall was when the tenant said they had the money and would pay it all if I dropped the eviction. I told my lawyer they were gone no matter what, so he asked them to produce the cash right then in court.

As you can guess they did not produce the money and the eviction went thru as planned.

I have seen many file evictions to get paid. Then the tenant falls behind and they do it all over again.

For me I don't care if the books are straight. My time is worth more than they are paying me. Once I have gotten to the eviction stage they just need to leave. Most times I give them that option. --107.147.xx.xx

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