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Re: Late Rent and Only Partial by Anonymous on May 9, 2012 @02:23

                              
Well if you hand back the money you may very well never see anymore money. You have not issued a 3 day notice yet so you have nothing to push back. Yes, if you had accepted partial payment AFTER the 3 day notice you would have to start all over again but you have not. I did this with my tenant and was able to evict with no problem. Accepting a partial payment prior to the 3 day notice is not a problem at all unless your state says otherwise. Personally I would rather have some money than none which is what you most likely will end up with.
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Re: Late Rent and Only Partial by MrDan (Georgia) on May 9, 2012 @08:42 [ Reply ]
Georgia State Law says that accepting partial payment for rent is a bar from proceeding with an eviction for that month, that a landlord can persue tenant for remaining payment of rent, the landlord can not accept partial payment and then proceed to evict.
    Question for Mr. Dan by shaun (FL) on May 9, 2012 @12:55 [ Reply ]
    Mr. Dan,
    FL has the same law. Here is a question/scenero I wonder about.
    Tenant makes partial payment with promise to pay rest later, but doesn't. LL can't touch them in FL. Next month, T only pays normal rent amount. Can the LL accept monies for the first month the tenant was short, receipting it out as such, return the remainder money that would go toward the present month, then post 3 day P/Q?
      Re: Question for Mr. Dan by MrDan (Georgia) on May 9, 2012 @13:58 [ Reply ]
      Shaun, That's a good question, but the answer is no. In Georgia, if the landlord accepts partial payment of rent, the landlord can not proceed with an eviction against the tenant for that month even if the tenant never pays the remaining amount due. The landlord can only persue the non paided rent as a seperate action in court, not as an eviction. The landlord who accepts partial payment must also issue a notice that rent is due in full and partial payments are no longer accepted (30 Day Notice in Georgia) to maintain the landlords right to demand full payment of rent when due. The landlord also can not collect the next months rent and apply it to the amount that was deficent in the previous month. If you accept partical payment, you lose your rights to take any action to evict. Some Florida landlords have the tenant sign an agreement that the deficent rent amount from previous accepted partial rent payment is due in full with the next months rent, and failure to pay the full amount is cause for eviction. By the landlord accepting partial rent, it gives the tenant a defence as to eviction for that month.
      Re: Question for Mr. Dan by MrDan (Georgia) on May 9, 2012 @14:09 [ Reply ]
      PARTIAL RENT REFUSAL NOTICE



      TO:__________________________________ DATE_______________________

      _____________________________________

      _____________________________________


      YOU ARE HEREBY ADVISED THAT WE CANNOT ACCEPT YOUR PARTIAL RENT PAYMENT. YOU MUST PAY RENT IN FULL OR YOU MAY BE SUBJECT TO AN EVICTION ACTION.


      _____________________________________________
      Owner/Agent Signature and Printed Name

      _____________________________________________
      Property/Company Name

      _____________________________________________
      Property/Company Address

      ________________________
      Telephone Number


      CERTIFICATE OF SERVICE


      I hereby certify that a copy of the above notice was:

      _____ delivered to _________________________________________________ by hand

      _____ posted on the premises described above in the tenants absence

      on ____________________________________, 20_________.




      By:__________________________
      Owner/Agent



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