Re: Question for Mr. Dan - Landlord Forum thread 255037

Re: Question for Mr. Dan by MrDan (Georgia) on May 9, 2012 @13:58

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.

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Re: Question for Mr. Dan by Shaun (FL) on May 9, 2012 @15:23	[ Reply ]

So basically if a LL accepts any money within the 1st to 30th day, even if it is back rent for a former month the LL forfeits their legal right to evict. I kinda figured that a Judge would see that as "splitting hairs". Thanks Mr. Dan !!!