File Unlawful Detainer if Partial Payment Made : ezLandlordForms

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File Unlawful Detainer if Partial Payment Made

Lani F

started a topic over 14 years ago

I served a 3-Day notice to pay rent or quit to my tenant and ordered them to pay the full month's rent which was overdue. They paid half the requested amount which was deposited to my bank account (considered accepted) before the 3 days. Can I file an unlawful detainer for the other half or do I have to serve another 3-Day notice for the other half?

1 Comment

Donna

said over 14 years ago

Landlord may accept a partial rent but only if the landlord provides actual notice to the tenant that acceptance of the partial rent payment does not constitute a waiver of any rights, including any right the landlord may have to recover possession of the property. Sidenote: I see more issues that come about from having a tenant directly deposit money into the landlords account. You may want to change this mode of payment.