Re: Collecting late fees, repairs etc - Landlord Forum thread 263333

Re: Collecting late fees, repairs etc by MrDan (Georgia) on August 6, 2012 @12:43

Her are a few States that do, not a complete list.

Minnesota
Section 504B.291 (formerly 504.02) provides that parties in eviction (unlawful detainer) cases involving nonpayment of rent can agree only in writing that partial payment of rent, accepted by the landlord before issuance of the order for the writ of restitution, may be applied to the balance due and does not waive the landlord's action for possession based on nonpayment of rent. This change implies that acceptance of a partial payment of rent without a written agreement may waive the eviction (unlawful detainer) action based on the remaining rent due.

California
A residential landlord who accepts any amount of rent from a tenant after serving a 3-day notice waives his right to file a UD action based on that 3-day notice. A residential landlord must re- serve the tenant a notice for the amount now remaining unpaid

Arizona
A landlord does not have to accept a partial payment of rent. But if a landlord accepts payment in part or in full after he has given the tenant a notice of nonpayment or a notice of any other kind of lease breach, he cannot evict the tenant unless the tenant also signs a document that states that he can still evict the tenant for violations of the lease spelled out in the form of a partial payment agreement. If the landlord does not have the tenant sign this document, then he loses his right to evict the tenant for that breach of the lease.

Florida
Section 83.56(5) of the Florida Statutes which provides, “If the landlord accepts rent with actual knowledge of a non-compliance by the tenant or accepts performance by the tenant. . .the landlord waives his or her right to terminate the rental agreement or to bring a civil action for that non-compliance.”

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Re: Collecting late fees, repairs etc by OK-LL on August 6, 2012 @13:51	[ Reply ]

The signed document that LL does not waive his right to FED action when collecting partial rent is universal and holds true in every state. But I don't think the reverse is true. Lack of document does not result in automatic waiver of right to FED.