Partal rent - Landlord Forum thread

Partal rent by Dave (OR) on July 25, 2012 @04:12

I allow my tenants to pay their rent directly into my bank account. If the rent is $500, They deposit $200, and no more, would that be considered accepting partial rent? If so, how would this affect eviction. Dave

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Re: Partal rent by Ron (Tx) on July 25, 2012 @06:03	[ Reply ]

Yes, that is only 40% of the rent. The tenant will show up in eviction court and claim you agreed to payments.

Re: Partal rent by OK-LL on July 25, 2012 @07:51	[ Reply ]

Delivery of payment does not equal acceptance of payment. All you have to do is return the partial payment with a demand for the full rent (pay/quit notice) and you are restored to your original position.

Re: Partal rent by Lola on July 25, 2012 @08:52	[ Reply ]

No no no..take theatrical rent and give pay or quit notice for remainder

Re: Partal rent

Re: Partal rent by Anonymous on July 25, 2012 @12:04	[ Reply ]

Serve your notice for remaining balance. Live webinar: http://https://attendee.gotowebinar.com/register/6230634770583947008

Re: Partal rent

Re: Partal rent by MrDan (Georgia) on July 25, 2012 @16:12	[ Reply ]

Here is your State law on partial rent payments and how it affects the landlords legal remedies; OREGON Landlord Tenant Law 90.417 Duty to pay rent; effect of acceptance of partial rent. (1) A tenant’s duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement provisions regarding payment. A landlord may refuse to accept a rent tender that is for less than the full amount of rent owed or that is untimely. (2) A landlord may accept a partial payment of rent. The acceptance of a partial payment of rent in a manner consistent with subsection (4) of this section does not constitute a waiver under ORS 90.412 (2)(b) of the landlord’s right to terminate the tenancy under ORS 90.394 for nonpayment of the balance of the rent owed. (3) A landlord and tenant may by written agreement provide that monthly rent shall be paid in regular installments of less than a month pursuant to a schedule specified in the agreement. Installment rent payments described in this subsection are not partial payment of rent for purposes of this section. (4) The acceptance of a partial payment of rent waives the right of the landlord to terminate the tenant’s rental agreement under ORS 90.394 for nonpayment of rent unless: (a)(A) The landlord accepted the partial payment of rent before the landlord gave a nonpayment of rent termination notice under ORS 90.394 based on the tenant’s agreement to pay the balance by a time certain and the tenant does not pay the balance of the rent as agreed; (B) The landlord’s notice of termination is served no earlier than it would have been permitted under ORS 90.394 had no rent been accepted; and (C) The notice permits the tenant to avoid termination of the tenancy for nonpayment of rent by paying the balance within 72 hours or 144 hours, as the case may be, or by any date to which the parties agreed, whichever is later; or (b) The landlord accepted a partial payment of rent after giving a nonpayment of rent termination notice under ORS 90.394 and entered into a written agreement with the tenant that the acceptance does not constitute waiver. The agreement may provide that the landlord may terminate the rental agreement and take possession as provided in ORS 105.105 to 105.168 without serving a new notice under ORS 90.394 if the tenant fails to pay the balance of the rent by a time certain. (5) Application of a tenant’s security deposit or prepaid rent to an obligation owed to a landlord in foreclosure under ORS 90.367 does not constitute a partial payment of rent. (6) Notwithstanding any acceptance of a partial payment of rent under subsection (4) of this section, the tenant continues to owe the landlord the unpaid balance of the rent. [2007 c.906 §29; 2011 c.42 §8a]

Re: Partal rent