Partial Rent Payments - Landlord Forum thread

Partial Rent Payments by Anonymous (Florida) on June 7, 2012 @17:42

I'm getting conflicting advice about partial rent payments. My tenants deposit rent directly into my checking account. A lawyer a few months ago said that a tenant who deposits less than the full rent due is not excused from paying the balance and I could still start eviction if they dont pay the full amount by the due date.(at end of the grace period) But if I accept a partial payment after a 3 day notice, than I must give them a new 3 day notice with the new balance due. At that time I was told, always accept a partial payment after a 3 day notice, because some rent is better than no rent and I could immediately give them a new 3 day notice.

Today I was told by another lawyer that having them deposit directly into my checking account is a bad idea because they can deposit any amount and I would forfeit my right to collect the balance.

That second one doesn't make any sense. Anyone have any experience with this?

Thanks

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Re: Partial Rent Payments by Mitch on June 7, 2012 @18:36	[ Reply ]

It depends on your state. Nothing wrong with direct deposit, bt why not talk to a lwayer in your state about it. If they have great credit I wouldn't worry. Otherwise take checks in the mail.

Re: Partial Rent Payments by NY-LL on June 7, 2012 @19:07	[ Reply ]

The landlord does not have to accept partial payment after service a three day notice. However, the landlord does have to accept rent if the amount tendered is the full amount that was demanded on the notice. The fact that the landlord allows the tenant to make deposits for the rent directly to the bank account would render each three day notice void after a demand has been fully satisfied (or only partially satisfied). To remedy the partial rent payment after service of the three day notice, if possible, advise the bank to only allow minimum deposit of the full rent payment. This would prevent the tenant from making partial rent payments, but would allow the tenant to make only the agreed upon monthly rent payment plus any appropriate additional late fees which exceed the minimum deposit.

Re: Partial Rent Payments

Re: Partial Rent Payments by Jake on June 7, 2012 @20:33	[ Reply ]

Why do you even have a grace period? Every month you are giving permission to pay late with a grace period and you give them permission to be later than the grace period if you are not doing anything about it. There is nothing about a grace period that helps you. It only generates late rent every month.

Re: Partial Rent Payments

Re: Partial Rent Payments by MrDan (Georgia) on June 7, 2012 @22:30	[ Reply ]

The landlord’s acceptance of tenant payment after a failure to pay waives that payment noncompliance as a basis for terminating the lease. If a 3-Day Notice has been delivered, the acceptance voids the Notice and requires the service of a new 3-Day Notice. If the tenant makes a partial payment, in some counties you can accept the partial payment and proceed with eviction. An attorney will know which judge and county permits this. Other judges and counties will void the eviction if partcial rent is accepted. If a tenant only tenders partial payment, you should send 'notice' that the priviledge to direct deposit is withdrawn and the tenant should use other means to pay rent and issue a new 3 day notice. Since this is a direct deposit, returning any money is prone with problems. The tenants deposit might not clear for several days and courts look at that time as the landlords acceptance of the partial payment. Florida law does not cover direct deposits/electronic payments, so it's best when in doubt contact your attorney for advise.