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they've lived here for 10 months or so. this month, they put 1050 in the bank instead of the full 1400 and said that they don't have the rest but will get it 'maybe' next week, etc. etc.
Can the landlord give a pay or vacate notice on partial payment?
I don't accept partial rent payments because I consider that to be enabling. Partial payment can be treated as non-payment. I put in my leases that partial payments will not be accepted. I would give them notice to pay up immediately or quit. Enforce late fees and if they don't pay up within a couple of days, start eviction and cut your losses. Two times in 10 months is a pattern of non payment. Get rid of them.
I don't accept partial rent payments because I consider that to be enabling. Partial payment can be treated as non-payment. I put in my leases that partial payments will not be accepted. I would give them notice to pay up immediately or quit. Enforce late fees and if they don't pay up within a couple of days, start eviction and cut your losses. Two times in 10 months is a pattern of non payment. Get rid of them.
yes, but i don't know how.
i wanted to know if them paying most of the rent is going to allow me to proceed with eviction procedures or whether a judge will not even hear it because they've made partial payment.
yes, but i don't know how.
i wanted to know if them paying most of the rent is going to allow me to proceed with eviction procedures or whether a judge will not even hear it because they've made partial payment.
Can someone please help me?
I'd say if they don't pay IN FULL you can start the eviction process the same way as if they didn't pay at all.
yes, but i don't know how.
i wanted to know if them paying most of the rent is going to allow me to proceed with eviction procedures or whether a judge will not even hear it because they've made partial payment.
Can someone please help me?
According to the Tenant/Landlord Act of your particular state, give them immediate written notice with delivery confirmation that they are in default and 30 days notice to vacate. Even if they vacate, they still owe the money and you can still take them to court. A partial payment is the same as no payment, rent is either paid in full or not. The judge will see it your way.
Chances are they will pay or leave. From now on, put in your leases that partial rent payments will not be accepted and are considered a default of their lease. Write up an addendum and make them sign it acknowledging that they know that this is unacceptable.
Having said this, if they move out and you are out just a few hundred dollars, keep their deposit, clean the place up and re-rent it. I only go after people who owe a lot of money or have really pissed me off by lying, threatening me or having other gross violations of their lease. I had one police officer who thought he could intimidate me and by the time the Judge got through with him he had to file bankruptcy.
so you think i should proceed with a pay or quit notice and put the amount that they haven't paid as the amount owed?
I would contact them and convey the information that you have been given here. If they pay up, draw up an addendum stating that partial rent payments will not be accepted and make them sign it. If they won't sign and are paid up, you will have to wait until their lease is up to give them 30 days notice that you are not renewing their lease. Do all this is writing and send it with delivery confirmation.
I'd say if they don't pay IN FULL you can start the eviction process the same way as if they didn't pay at all.
I'm not a landlord but I play one on TV.
Right. Partial payments are the same as no payment, but it makes it more likely that you will get the rest of the money. Partial payments are one of many red flags.
My tenants were repeatedly late on payments and would not respond phone calls or emails. They would on occasion offer to pay partially.
When something needed fixing, I got calls like "ooohhh, one day waiting to get it fixed?!"
I am the kind of tenant who pays rent religiously and if something needs fixing I always tell the LL "if it is not an emergency, I can wait a few days, no worries." He is a nice man and I don't like to be the obnoxious impolite tenant. He provides me with a service, however he is not my 24/7 employee.
I sent them an email (I really meant it, as I had tried to contact them many times before) saying "last attempt to contact before pay or quit" and a few hours later got a response, miraculously offering to pay.
I don't think you should do anything, as I don't know the terms of your lease. This was just my experience.
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