Partial Rent Payment After 10 day notice to Evict? : ezLandlordForms

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Kim Y

started a topic about 14 years ago

I have a tenant that is behind in rent from December . They made a payment of $200 towards a rent of $625 on the 10th with the verbal understanding that they would pay the balance the following week. Needless to say that did not happen. I just gave them a 10 day notice to evict. They contacted me and wanted to give me another $200 towards a balance of $575 (propane bills are behind as well) + now January rent. Total as of today is 1200. I was concerned about accepting a partial payment on the balance thinking that would stop or delay my eviction. (There are other problems so I do want to move forward to evict) Here is my question? Can or should I accept the partial payments? Will this delay my eviction process? I am on schedule to file the legal papers this week for the formal eviction. This is Pennsylvania.

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Denise S

said about 14 years ago

I am not a fan of partial rent payments. If it is a tenant that usually pays on time and rarely is a problem, then I will consider it. OR That being said.....someone who continually breaks arrangements, is gone to continually break arrangements. Here is the PA Law for you: § 34-18-41 Waiver of landlord's right to terminate. – Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him or her that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless the landlord gives written notice within ten (10) days. However, acceptance of partial payment of rent shall not constitute a waiver of the balance due. Acceptance does not waive the landlord's right to seek remedies for the default.

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John C

said about 10 years ago

So what is the answer to this ? I have a tennant who is behind and i have ben taking partial payments twords janurarys rent that was due the 1st of 600 dollars . should i take partial payments as i have been or stop and just issue a 10 day pay or quit .Will the previous partial payments before i made the 10 day pay or quit hurt me fand void it or is it void it if i take it only after the 10 day pay or quit ?

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John C

said about 10 years ago

can anyone translate this law ? fan of partial rent payments. If it is a tenant that usually pays on time and rarely is a problem, then I will consider it. OR That being said.....someone who continually breaks arrangements, is gone to continually break arrangements. Here is the PA Law for you: § 34-18-41 Waiver of landlord's right to terminate. – Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him or her that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless the landlord gives written notice within ten (10) days. However, acceptance of partial payment of rent shall not constitute a waiver of the balance due. Acceptance does not waive the landlord's right to seek remedies for the default.