Tenant made payment tonight for June. Court date set for tomorrow. Can I still go after them for not paying on time for July, if i accept the payment just made?
Tenant made payment tonight for June. Court date set for tomorrow. Can I still go after them for not paying on time for July, if i accept the payment just made?
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Replies
You shouldn't have accepted the payment.
Save yourself time and money... get a lawyer.
Probibly not. Do a web search for landlord tenant rights for your state. Here in Nebraska if they paid up thru June and I took their money. The clock starts over so if I wanted them gone I should not accept the late money.
Do you have a latefee clause in the lease and did they pay it? Has the lease lapsed and you are in a month to month rent? Lots of things can affect what you can do as a landlord.
Check out mrlandlord.com for some helpful stuff for landlords.
No...after you accept payment, the clock starts ALL over again.
Just went through this myself.
3 day notice on May 31
No pay, so file Eviction on June 4
Has until the 11th to respond
Responded to court on the 11th, so
Rent Due hearing set for July 1
No show at Rent Due hearing
Has 3 days to deposit rent in court's account
Writ of Possession issued on July 7
still has 24 hours to vacate.
System sucks for landlords. I was out a month when I filed, and the scumbag gets another month+ on my dime.
use youcheckcredit.com
makes recommendations for tenants... i didnt listen!
court tommorrow is a mute point,you evicted him for june,he's now paid,you accepted. when he paid you could of had him sign that this did not do away with the court procedings[theres a name for it ,i don't know it.] you do have the right to refuse the payment if all your paperwork is in order,when you get to court he says he'll pay ,you tell the judge you want him gone.
now that you have accepted junes,i take it july is not paid, start all over with notices and do it again.if you have a tenant that knows how to push all the buttons,you will do best to hire it all done. around here 150-350.
being a landlord is a fun and exciting way to get rich,whats what the guy on sat am tv says.
WAIT>>>>>>>>>>>>> did he pay you in cash or check? make sure the check clears before blowing the court date
the older i get ,
the more people tick me off
In our commercial leases, late payment does not cure default. The landlord has the option of enforcing the penalty."Put your creed in your deed." Emerson
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
that would depend on a lot of things, i.e. jurisdiction, terms of the lease, etc.
basically, the tenant is still in default if the July rent payment is still outstanding. i would go to court because otherwise you will lose valuable time to get him out if he continuous to be non-payment.
Depends on your location, but probably not.
Most states have laws that say any acceptance of a partial payment resets all proceedings to the "zero point".
had a landlady that made you pay per week, but only accept money on the first , that way if you was late, one week out, you was out and instead of getting extra 30 days on them you only got a week.
had one of those too...
Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming<!----><!----><!---->
WOW!!! What a Ride!
Forget the primal scream, just ROAR!!!
"Some days it's just not worth chewing through the restraints"
Is this the same guy with the dog that has pet cockroaches and eats air conditioners?
As to your question, IMO you voluntarily allowed him to cure his default for June by accepting payment late, so unless the check bounces, you're stuck with him until he defaults again. (Which could be in as little as two days, depending on the law in your state....)
Dinosaur
How now, Mighty Sauron, that thou art not brought
low by this? For thine evil pales before that which
foolish men call Justice....