After posting an eviction notice, the tenant paid me partial rent. How do I proceed?
I generally recommend posting a new three day eviction notice if you accept a partial rent payment. Posting a new notice, makes it clear to the tenant that there is still a rent deficiency and that by accepting partial rent, you are not waiving your rights to proceed with an eviction.
The tricky part of this equation is when do you post a new three day notice.
For example, if rent is $1000 a month and the tenant is one month behind in rent total (owes landlord $1000), when does the landlord post the new eviction notice if the tenant makes a partial payment of $500?
Without figuring in late fees, the tenant has paid for half of the month. The landlord must now wait until the tenant is in default again before posting a new three day eviction notice. In a month with 30 days, the landlord should post the new eviction notice on the 16th of the month (when half of the month has passed as the tenant has paid for half of the month).
Example 2: Rent is $1000 a month and the tenant is three months behind in rent (owes $3000 to the landlord). The tenant pays $500 to the landlord, when do you post the new eviction notice.
If the tenant is three months behind in rent and owes $3000, the landlord can apply the partial payment to the $3000 balance and post a new three day notice immediately.
Example 3: What if the tenant makes a partial payment and the landlord does not want to accept the partial payment? Can the landlord insist on full payment?
The landlord can insist on full payment but the landlord must return the partial payment to the tenant (in a way that can be proven – via mail with tracking information, for example) and include a letter to the tenant that the landlord is not accepting partial payment and only full payment will be accepted.