Got $100 first of month - sent P&Qnotice

Got $100 first of month - sent P&Qnotice by DK (NC) on November 17, 2009 @12:00

I probably will be offered a few hundred toward rent on the day the P&Q notice states full amt is due. Should I take it? and go to court to file eviction notice next day, because it wasn't full amt or should I not take it and tell them its full amt due or filing eviction notice.
If I don't take it and file for eviction and while we are waiting to go to court, the next months rent becomes due and they are able to come up with the balance of what they owe on rent from the previous month, but not the new amt for the newest month's rent, do I have to accept the balance of past rent and then start the whole thing over for the new months rent? I had talked to a lawyer and he said to take any $ I could get because he said its really hard to get $ in the courts in NC. Their lease ends next February. I will be giving them 3 months notice Dec 1st to find a new place. Any info anyone can give me is greatly appreciated!!! and definitely needed. Thanks.

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Re: Got $100 first of month - sent P&Qnotice by Anonymous on November 17, 2009 @12:28

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You first need to see if you can even file for eviction. Many states say you cannot file for eviction if you have accepted a partial payment (the $100).

*IF* this is the case in your state, you might as well accept any partial payment they offer. You cannot file to evict this month. Next month refuse a partial payment, serve the Pay or Quit and then file to evict.

If your state allow you to accept partial payments and still evict, it is up to you if you want to accept the partial payment. (But why not if you can still evict?)

I see nothing in the statute that says that you have to accept rent up to the date of court.

I also don't understand why you'd give these tenants 3 months of notice to move out? They don't sound like ideal tenants and that will give them a long time to trash the place. Or they will mistake your notice for a vacate notice and move out immediately, leaving you with several month of rent owed for the end of the lease. Why not wait until one day after the lease expires, then serve a 7 day notice to vacate on the month to month tenant?

Re: Got $100 first of month - sent P&Qnotice by P-Bone in WNY (NY) on November 17, 2009 @12:41	[ Reply ]
In my opinion, it depends on what you want. If you take money, you are likely to void the Pay or Quit Notice and have to start over. If you feel the money is more advantageous to have than to safely and effectively get them out completely, then take the money. I would normally not take anything and just complete the eviction as soon as possible and move on.

Re: Got $100 first of month - sent P&Qnotice by Anonymous on November 17, 2009 @13:47	[ Reply ]
You will be letting these people string you out and live off of you as long as they can. How long do you want that to be?