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My tenant and I disagree over the amount of rent due this month. The tenant gave me a check for part of the rent. Should I cash the check?

If the landlord accepts partial rent he cannot then seek to dispossess or evict the tenant for

failure to pay the monthly rent. If the tenant fails to pay theremaining amount of rent due, the

landlord would have to sue the tenant for payment but could not dispossess or evict the tenant for

nonpayment. A landlord’s acceptance of a tenant’s check for less than the full rental amount,

does not release the tenant from having to pay the disputed amount.

My tenant’s rent was due on the fifth of the month and it was not paid. I want to file legal action to evict my tenant for failure to pay rent but I have not yet filed legal action. On the 15th the tenant offered me the rent and the late charges. Can I take the rent and file to evict for nonpayment?

No. The rent must be unpaid when the dspossessory action for nonpayment is filed with

the

court.

The

acceptance

of tea rent,

even

the

acceptance

opartial

rent;

will

prevent

the

landlord from being able to evict a tenant for nonpayment.

My landlord gave me notice that his records show that I did not pay rent for July. It is now October. I paid rent for August, September and October and my landlord never mentioned that I owed him the July rent. Can my landlord evict me now because he claims I didn't pay July rent?

If you can find proof that you paid July's nt (cancelled check or money order receipt),

you should provide copies to your landlord, along with a letter explaining your position. If your

landlord remains convinced that you did not pay July's rent, he may be able to sue you to collect

the money but cannot seek to evict you becauseof nonpayment. Your landlord's acceptance of

rent in August, September and October prevents him from seeking to evict you for failing to pay

July rent. Your landlord can sue you to recoverthe rent you owe him for the month of July but

cannot use the dispossessory process.

45

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