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Re: Notice for eviction for 2x late
by Anonymous (MN)
on June 7, 2012 @12:51
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Excellent post. Actually cited the actual law and to the point. This makes total sense. The landlord is still accepting the rent. He can't accept the rent and then evict. He can not accept the rent and evict as well. Once he accepts it, the balance is current. The landlord can choose not to accept the rent in the future if late, but that would be pretty stupid. He then is refusing the rent, going through the drawn out process of eviction, leaving his unit up to vacancy until he finds a new renter, etc.
All of you who would evict based on a couple payments are horrible landlords and business people in my opinion. Weigh the options, get paid a week late or evict a tenant and risk a pissed off tenant trashing your place, vacancy after they do leave, likely court time and costs, etc. I definitely agree be more strict about when rent is due in the future, but evicting a paying tenant (albeit a late paying tenant) who doesn't have any other issues is plain stupidity.
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Re: Notice for eviction for 2x late
by Betty L
on June 7, 2012 @16:47
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Also, in the case of the smoking tenant. If the landlord accepts rent while the tenant is still in violation of smoking, the landlord might have waived the right to evict on that basis too.
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