Tenant Started Paying Partial Rent After Court Date is Scheduled

Philadelphia, PA · Member since 2019 · 32 posts · 8 votes

I have a rental property in Philadelphia, PA where I am currently in the process of an eviction. I was notified that we have a court date in another week for the eviction for breach of lease, damages, and non payment etc. The tenant has been making partial payments until a few months ago when they stopped making payments completely. Just today, the tenant made another partial payment. Will this slow up, or hurt my chances of getting the tenant out of the property? I have no problem returning the payment if that helps at this point as I just want the property vacant so I can begin repairst. Thank you for any help.

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Matt Bishop

Rental Property Investor · Dallas, TX · Member since 2020 · 161 posts · 88 votes

@Johnny Mack, oh the tangled web we weave when first we practice to self manage our properties.. I believe you would enjoy ownership more and make more money if you partner with a great property management company.

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
4y
Typically if you accept any payment, the current eviction process ends. We never accept partial payment for a resident in eviction status.
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Johnny Mack
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Philadelphia, PA · Member since 2019 · 32 posts · 8 votes
4y
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Johnny Mack
OP
Philadelphia, PA · Member since 2019 · 32 posts · 8 votes
4y
Quote from @Greg Scott:
Typically if you accept any payment, the current eviction process ends. We never accept partial payment for a resident in eviction status.
Technically I did not except it, they used the rent redi app and made a partial payment, I should have turned it off. The original reason why they are being evicted is for breach of lease, they stopped paying afterwards until now. Would returning the payment help?
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
Talk to your lawyer. I wouldn't accept the partial payment though if they are still not caught up on rent, it may not matter. But why risk it at this point?
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Johnny Mack
OP
Philadelphia, PA · Member since 2019 · 32 posts · 8 votes
4y
Quote from @Theresa Harris:

Talk to your lawyer. I wouldn't accept the partial payment though if they are still not caught up on rent, it may not matter. But why risk it at this point?
I totally agree, I will call them on Tuesday. Thank you.
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
4y
Do not accept any payments at this point in the game. Shut down that app.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Johnny Mack:

I have a rental property in Philadelphia, PA where I am currently in the process of an eviction. I was notified that we have a court date in another week for the eviction for breach of lease, damages, and non payment etc. The tenant has been making partial payments until a few months ago when they stopped making payments completely. Just today, the tenant made another partial payment. Will this slow up, or hurt my chances of getting the tenant out of the property? I have no problem returning the payment if that helps at this point as I just want the property vacant so I can begin repairst. Thank you for any help.

Yes, you probably made a mistake by accepting partial rent. I only accept payment if it is in certified funds (cash, money order, cashiers check) and for the full amount, including court fees. By accepting a partial payment, you may have stopped the eviction process and now you'll have to start over.
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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
4y
Quote from @Johnny Mack:

Quote from @Greg Scott:
Typically if you accept any payment, the current eviction process ends. We never accept partial payment for a resident in eviction status.
Technically I did not except it, they used the rent redi app and made a partial payment, I should have turned it off. The original reason why they are being evicted is for breach of lease, they stopped paying afterwards until now. Would returning the payment help?
If you have accepted rent through the redi app before, this would likely be considered the same as cashing a check. I would think the only way to unwind that is if you can go into the app and reject the payment.
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Matt Bishop
Rental Property Investor · Dallas, TX · Member since 2020 · 161 posts · 88 votes
4y
@Johnny Mack, oh the tangled web we weave when first we practice to self manage our properties.. I believe you would enjoy ownership more and make more money if you partner with a great property management company.
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Peter M.
Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
4y
@Johnny Mack Check your state laws. Everyone who has posted about not accepting partial payments probably live in states where it matters. In Texas for example there is no "clock". I can accept partial payments and still evict, it only changes the amount awarded in the judgement. An eviction case is for a breach in a contract. They failed to pay as agreed. Simple. They get out. (I had a judge explain this to me and a tenant right before he ruled in my favor) In Texas that is how most JPs interpret the law (landlord friendly state). But a JP in urban Dallas may not rule the same as a JP in a rural county. PA may or may not be that way but you need to talk to a lawyer or other landlords in your area who know how the court works and leans.
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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
4y
Quote from @Peter M.:

@Johnny Mack Check your state laws. Everyone who has posted about not accepting partial payments probably live in states where it matters. In Texas for example there is no "clock". I can accept partial payments and still evict, it only changes the amount awarded in the judgement. An eviction case is for a breach in a contract. They failed to pay as agreed. Simple. They get out. (I had a judge explain this to me and a tenant right before he ruled in my favor) In Texas that is how most JPs interpret the law (landlord friendly state). But a JP in urban Dallas may not rule the same as a JP in a rural county. PA may or may not be that way but you need to talk to a lawyer or other landlords in your area who know how the court works and leans.

I love Texas and have many real estate investments there. Most lists I've seen TX is the most landlord friendly. PA seems to be in the top 10 so hopefully you have more options.
FWIW, I invest a lot in IN and it is often cited as the 2nd most landlord friendly state, and also MI which is also in the top 10. In both instances, accepting partial payments kills the eviction proceedings.
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Johnny Mack
OP
Philadelphia, PA · Member since 2019 · 32 posts · 8 votes
4y
Quote from @Matt Bishop:

@Johnny Mack, oh the tangled web we weave when first we practice to self manage our properties.. I believe you would enjoy ownership more and make more money if you partner with a great property management company.
Oh trust me, after this. I certainly will be using a property manager.
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Johnny Mack
OP
Philadelphia, PA · Member since 2019 · 32 posts · 8 votes
4y
Quote from @Greg Scott:

Quote from @Peter M.:

@Johnny Mack Check your state laws. Everyone who has posted about not accepting partial payments probably live in states where it matters. In Texas for example there is no "clock". I can accept partial payments and still evict, it only changes the amount awarded in the judgement. An eviction case is for a breach in a contract. They failed to pay as agreed. Simple. They get out. (I had a judge explain this to me and a tenant right before he ruled in my favor) In Texas that is how most JPs interpret the law (landlord friendly state). But a JP in urban Dallas may not rule the same as a JP in a rural county. PA may or may not be that way but you need to talk to a lawyer or other landlords in your area who know how the court works and leans.

I love Texas and have many real estate investments there. Most lists I've seen TX is the most landlord friendly. PA seems to be in the top 10 so hopefully you have more options.
FWIW, I invest a lot in IN and it is often cited as the 2nd most landlord friendly state, and also MI which is also in the top 10. In both instances, accepting partial payments kills the eviction proceedings.
Yeah, problem is, Philly has some the most tenant friendly laws that supersedes PA laws.
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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
4y
@Johnny Mack in Michigan we can accept partial payments without affecting an ongoing eviction in most instances.
So, check with a local attorney ASAP.
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