A friend allows tenants to pay rent into her account at her bank. She has a property with tenants she wants to get rid of, even if it takes eviction. To my knowledge, if she files for eviction but tenants then do a partial payment, the eviction gets delayed. Has anyone had any experience with this???? Thanks in advance!!!

I have wondered about this as well. This is the problem with payment apps(Zelle,Paypal) as well. It is absolutely a defense to the 3 day notice but I don't know how it works in real life.

Has this happened to anyone?

I do a 30 day lease termination notice. Legal aid attorneys have a hard time fighting a 3 day lease termination.

I then file a warrant in debt for unpaid rent and damages.

Tim,

4 years ago, a judge dismissed me and my entire eviction case because my deadbeat tenant made a direct payment (via Zelle) the day before the judge was about to sign my Writ of Possession. I was totally pissed that day because according to the judge, rent payment made via Zelle is considered "Acceptance" on my part. The judge told me I had to pay another $247 filing fee and re-file the entire case.

Dennis Block says to send a check back certified mail with a letter saying "you have made an unauthorized deposit into account XYZ please see enclosed check for return of funds."

Ken -

yer statement and question may be to logical

for Royal to answer.

This is EXACTLY why I (we) do not accept payments electronically NOR provide our bank account info to tenants to directly pay.

Some you feel (oh, this is great, I don't have to go to the bank or do any running around). Others you think (oh crap, now I'm screwed because I allowed them to give me money).

I just started pay at my bank for one of my tenants - last month the tenant tried it. Rent amount was correct but it went into the wrong account.

For this tenant I am going back to the pick up money order at the rental unit. Done it for years with out a problem.

I'm not a lawyer, but...

I had a tenant who had mailed a full payment to me after I had already filed eviction. At the court hearing, she said "but I paid!" and he asked her when she paid. She said she mailed it three days ago. The judge looked at me and asked if I'd received it. I said "yes, I received it, but I have not cashed it because we would prefer to have the property back". He gave us the property back and said that the payment had not been made because we had not deposited it.

I had another tenant who made a partial payment to avoid eviction (several weeks after I had filed for eviction). Again, we did not cash the check and the judge allowed us possession based on the fact that we had not cashed the check.

Check your local laws or with an attorney.

If it were me, here's what I would have done (given that she already had her process in place):

1) Send a notice to the tenant that the bank account previously used will no longer be used, and the new payment process is that tenants must mail a check to the office and the envelope must be postmarked by the due date. I'd also state that landlord is not under any obligation to accept late payments in lieu of eviction. I'd make sure to give state-required notice of this change, and send a return-receipt letter to tenant or have a return email from the tenant stating that they read the letter and understand it.

2) Close the old account.

3) File for eviction

4) When/if the new payment is made, don't cash it.

Another reason for me to go MTM.

Tenant doesn't pay and I can file for non-payment. I also let them know that we are non-renewing their lease.

This way if they want to play the game I still have a back-up for getting rid of them.

By the time I get to eviction I no longer want them in my place, paid up or not.

After the Bernie Madoff scandal, WF and other major banks put limits into place that prevented third parties from depositing into your account. Because that's totally how Ponzi schemes work-- with the small potatoes we deal with. It's one thing that's kept me to the small, local banks.