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Re: Collecting late fees, repairs etc - Landlord Forum thread 263329

Re: Collecting late fees, repairs etc by MrDan (Georgia) on August 6, 2012 @11:57

                              
The legal concept of 'waiver' may apply if the landlord accepts partial payment of the amount listed on the 'Pay or Quit Notice'. The acceptance of partial payment towards the notice amount may render the 'Notice' null and void in the view of many judges. The landlord has no obligation to accept the partial payment.

In some States, the acceptance of partial payment is a defense to eviction for that month. Others, the landlord can accept and still evict.

In other situations, if the tenant is in non compliance with the terms of the lease, and a 'Cure' notice has been issued, the acceptance of rent may void the notice.

It's good advise that landlords spend some time in court, learning how judges handle eviction cases so they know what to expect.

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