Accepting money from a tenant after eviction filed?

19 Replies

Should I accept partial payment from a tenant after I file the eviction with the court? This is in Miami Dade County. I have filed the appropriate paperwork for the eviction and the tenant now has partial payment and I was wondering if I should accept.

Thanks

If your planning on going forward with the eviction, than no.

I would say YES if you want them to stay but accept nothing less than a full payment, never partial. This might be your only chance to get your money back. Unfortunately, accepting less will show weakness. Defiantly NOT if you want them out.

Thanks for the quick replies!

I am wanting to get the tenant out. If I accept the partial payment does this then end the eviction process? Would I then have to start the eviction over, or can you just continue on with the eviction since she still owes rent.

I'm not going to accept the partial payment but I am just trying to learn as much as I can about the eviction process. It's my first eviction so I'm still learning the ropes.

It could, depending on the laws in your state. I wouldnt accept it.

If you accept any money, it will stop the eviction. Just remember you cannot collect the eviction fee if you accept the payment during the eviction process.


Joe Gore

Accepting money cancel the first attempt and you will have to start a new 3 days notice, outcome is that tenants buys more time, getting mix signals and will be upset. However, if you accept money, make them sign a form re the date of which rest of the money will be paid as well as outlining that the late fees, security deposit and eviction fee will all be considered rent.

Check your local laws. In my area we are allowed to collect partial payments and that doesn't change anythign with the eviction. If they owe$1000 when the eviction is scheduled and give $500, they must pay the remaining $500 before the scheduled date or the eviction still happens.

No partial payments allowed in Miami.

In Ft. Lauderdale, if the tenant wants to stay, they need to deposit the full amount of rent and late fees into the court registry prior to the hearing. The court expects the full payment, and so should you if you want them to stay. If you don't, let the eviction take its course if they won't "quit" the property.

That is good because if the tenant wins the court will write them a check.

Joe Gore

Aly NA Is correct, the tenant would need to deposit the amount with the court if the eviction suit is pending. I would encourage them to do so as they will likely lose and the court will award it to you. If you want to work out some type of payment plan with the tenant you can have them sign a stipulation agreement where they make payments by such and such date and if they default they agree to an automatic default in the pending eviction case.

@Ron K. I believe is referring to a situation where the eviction case has not yet been filed but the 3-day notice has and the tenant makes a payment.

The state law in Florida regarding partial payments changed this year, this website is a good resource for eviction updates and statute information: http://evict.com/ I've never used this law office since they are out of my metro area but the info is good. I have a good eviction attorney I use that does the evictions for me for about $500-700 total cost (including filing fees), it isn't worth my time to file all the paperwork and know all the nuances, good eviction attorneys have paralegals that do this stuff all day and can do it much more efficiently for not a lot of money.

Recently I had a scenario in which I had to evict tenants. I had their $1000 deposit, the attorney charge $750 so instead I made them an offer $500 in return for them leaving within a week. They agreed, house looked clean and on day of departure we did the exchange. I made them sign a bunch of papers. Worked well.

Originally posted by @Ron K.:

Recently I had a scenario in which I had to evict tenants. I had their $1000 deposit, the attorney charge $750 so instead I made them an offer $500 in return for them leaving within a week. They agreed, house looked clean and on day of departure we did the exchange. I made them sign a bunch of papers. Worked well.

 This is what I will more than likely try to do next time, cash for keys. I will offer them around $300 to move out by the end of the week. That would save me time and money in the end. 

Thanks for all the great replies, much appreciated.

I've done cash for keys before but I don't like doing it, especially if its a multi-unit property as other tenants may hear about it and could set you up for more problems in the future. I also have a hard time giving people money who owe me money and letting them get away with nothing on their record so they can screw over some other poor landlord in the future. I take some solace in knowing someone who burns me will have a hard time renting somewhere else.

A little update for everyone.

I went to the Clerk of Courts this morning to file the default package and they tell me the tenant deposited $900 into the court and I have to file a Motion and Order to strike. She told me they don't have the forms and I can just google it to get one. 

Well I did and there are lots of similar but yet different ones to choose. I'm not sure which to use or if it really even matters. 

Man I can't wait for this to be over...

Just wondering. Is your tenant on a MTM agreement or a lease? Other than not paying the rent on time, any other problems with this tenant? Is it worth trying to save the tenancy? Or is it just not working anymore and you want the tenant to vacate? Did you check to see if the utilities are being paid? Did you check for other lease violations? Property condition?

Your time and money is valuable. Also, sometimes not worth the stress to DIY. Attorney fees for evictions cost about the same here as in your area, but worth it IMO. However with the eviction process you are losing more weeks as the unit is occupied and not generating income.

Cash for keys not a bad idea either if they leave the place clean and without damages. You get your property back sooner and can turn it and re-rent it. Problem is, if they say they will leave and then don't, you have just lost another week, and still need to evict.

Sounds like some good advice from the Florida folks here, so I will bow out now. :-) Good luck!

Marcia Maynard, Fischer Properties | Podcast Guest on Show #83

Good Day: Fort Lauderdale, Florida; after eviction complaint has been filed in court by landlord, is landlord allowed to accept partial rent? Thank you.   

Do not accept a penny!  If you do you lose!   The renter has to be informed by your attorney that he/she is your representative and everything is handled by him/her!  Your position is hands-off any money!  Unless of course you want this renter to repeat this whole thing! 

Ed, thank you much. However, during eviction process landlord charged tenant's credit cards without tenant's knowledge thus accepting partial rent. This was told to judge during hearing but judge still ruled against tenant and demanded alleged sum of rent landlord claims is due be deposited in court registry. Tenant appealed and judge denied and then final judgement was entered against tenant. Just does not seem correct. Is there a iron clad case study/statue regarding this matter? I read only after 3 day notice but not much regarding after eviction is filed. Thanks again.