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Eviction tenant wants to pay partial rent owed - Landlord Forum thread 205969







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Eviction tenant wants to pay partial rent owed by Anonymous on August 7, 2010 @20:16

                              
This is my first eviction. The judge issued a writ of recovery which will be served on the tenant this coming Wednesday. The tenant is now leaving me messages and claiming she has a cashier's check for half the amount she owes us and "claims" she will have the rest by the end of this week,and she really needs my help on this and promises, etc...
I have not been responding to her messages, the begging pleading and crying are unnerving and I want her out asap.
My question is, should I accept partial payment of rent and would it affect the eviction?
No attorney was involved.
Thanks!
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Re: Eviction tenant wants to pay partial rent owed by Carl on August 7, 2010 @22:10 [ Reply ]
A partial payment will stop the eviction. What you have is an experienced deadbeat working you. Let them cry, plead and beg.
You are not running a free homeless shelter which is what you will be doing if the eviction is stopped. Under no circumstance should you accept a partial payment and stop the eviction. Have no further contact with your tenant. If they should show up at your door, shut the door while telling her you are calling the police. This person has had plenty of warnings, deadlines and past dues. It is time for them to move on and out of your life. Be prepared for your unit to be a real mess when she moves out that will cost you plenty in addition to lost rent.
Re: Eviction tenant wants to pay partial rent owed by OK-LL on August 7, 2010 @22:26 [ Reply ]
We use different terminology here -- is the writ of recovery an order by the judge for possession only or does it include a money judgment? If the judge has ordered a money judgment, you can now accept any amount of payment toward satisfying that judgment and it will not affect the service of the writ.
Re: Eviction tenant wants to pay partial rent owed by Eric (MN) on August 7, 2010 @23:25 [ Reply ]
A partial payment now would stop the Court action of Eviction. In MN, we have an eviction hearing, possibly an Eviction Trial, then get a Writ of Recovery. I assume your State is the same.

Once the eviction hearing/trial is complete, you can take money. You can also still remove the tenant from the premise. The rent will go towards the unpaid balance, and damages - including Court Costs.

Once a Writ of Recovery is served, it still takes action by the LL to enforce it. So, you can delay enforcing it of you get enough money. In MN, we have 30 days from the issuance of the writ to enforce it, or it becomes a new eviction action.

A Writ of Recovery only tells the tenant to vacate in 24 hours. Whether they do or not is the question. Whether the LL calls the sheriff to enforce the Writ or not is question #2.

In a typical situation, the Tenant moves after an eviction, even without a Writ. If not, you have to serve the Writ.

After getting the Writ, the Tenant 'should' move, but if they do not, you must schedule a time for the Sherriff to physically remove them from the premise.

Once they are physically removed, you can change the locks. Removing or storing the 'stuff', is another issue.

Once again, in MN, we have to store the stuff for 28 days (from 60). Or we can move it, with a license and bonded mover, or pay the Sheriff to take inventory when we move it.

The tenant can get their stuff back that is stored in site, simply by requesting it. No monies are needed to get it back.

If it is stored off-site, you can require a payment for moving and storage costs, but not rent, to get the stuff back

But check your own laws on the actual process.

A vacant unit is much easier to manage than a unit with a tenant that is not paying rent.

Re: Eviction tenant wants to pay partial rent owed by Eric (MN) on August 7, 2010 @23:27 [ Reply ]
Short answer:
Take the money, and wait until Friday to actually get her out if she has not paid in full.
Re: Eviction tenant wants to pay partial rent owed by Anon (Ohio) on August 8, 2010 @03:24 [ Reply ]
You can accept any payment up to the time the eviction is actually in effect.
Is the eviction actually in effect, or does it follow the writ of recovery? If it follows the writ of recovery, accept her money until Wednesday. After Wednesday, she needs to get her arrangements to "move" rolling...
do not stop the eviction process if you have already started it. If she pays all funds by Wednesday, you do have the option of stopping the eviction. (She doesn't have a family member to lend her the funds?) Her behavior indicates you need to have her leave, and soon......eviction in Ohio takes 28 days following the three day 'notice to leave premises" period.
Which is not a lot of time to find another place.

As for her stuff, check your state law, Ohio gives them seven days to claim their stuff off my front porch, or next to the garbage pickup curb. Not one has ever come back to claim their stuff following an eviction.

What is the woman's history with rent payments? Is she a chronic late payer? She doesn't understand the rent comes first?

Re: Eviction tenant wants to pay partial rent owed by Teena (IL) on August 8, 2010 @05:46 [ Reply ]
I didn't see what state you're in.
In Illinois you can acept partial payment and it does not stop the eviction per735ILCS5/9-209,the tenant cannot use that as an arguement in court.

Depending on the wording of the notice if they pay up after the 3/5/10 day notice expired they still can be evicted.Nor can they use their security deposit for arrears.
I didn't use an atty either.So it really depends where you are for the correct answer here.
I'd take her partial payment and then let her know that doesn't stop the eviction,no more contact is wanted until the court date,any continued harrassment will be handled by the police.
The tears stories blah blah are just one of the ways deadbeats try to manipulate a LL>Ignore her and proceed.I've heard em all.

She knew what she needed to do before this happened.It's the consequences of her bad decision making by not putting the roof over head first!

Re: Eviction tenant wants to pay partial rent owed by ccc on August 9, 2010 @10:24 [ Reply ]
it depends on the jurisdiction

where i am, you can accept partial payment without a problem, they'll evict if there is ANY amount owing

i have evicted where the rent is paid in full, but there were court fees from a previous appearance, and those are taken off the rent

but from what i understand, in other jurisdictions a partial payment may put a stop to the eviction


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