posted 3 day pay or quit and then accepted partial payment?

8 Replies

So, I have heard bad things about posting a 3 day pay or quit and then accepting a partial payment.  I understand that I can't proceed with a dispossession now that I've accepted partial payment (if they don't pay the rest as was indicated).  I understand I would need to sue for the payment.

Do I need to wait until July to start the process over again? 

@Justen Ashcraft I would suggest you consult a real estate attorney in your market, or the market the property is located in. Every state has a different landlord-tenant law. You need to understand the landlord-tenant law including the ramifications of accepting partial payments, if such applies. 

I am not a lawyer, nor do I play one on TV, but from Avvo re: GA evictions, here it is for what it is worth:

A residential landlord has a duty to accept a payment from a tenant who is in default if and only if the tenant tenders “all rents allegedly owed plus the cost of the [eviction]." [1] However, the tenant cannot wait until the last moment to do this. They must tender the full payment within seven days of the day they were served the eviction paperwork. [2] There is no need to worry about a tenant doing this perpetually because a landlord is only obligated to accept this type of payment once per year. [3] Making this payment provides a complete defense to the eviction and, upon receipt, a landlord should dismiss the eviction.

If a residential tenant offers a partial payment, however, BEWARE! A residential landlord who accepts a partial payment from a tenant after an eviction has been filed waives his right to continue with the eviction and admits the continuance of the lease. [4] In simple terms, the eviction fails and the landlord must start the eviction process over if he wishes to evict the tenant. It does not matter when the partial payment is made – whether one hour after the eviction is filed or five minutes before the eviction trial. Thus the landlord must either reject the partial payment or, if accepted, he must restart the eviction process.

Good Luck!

Originally posted by @David W.:

I am not a lawyer, nor do I play one on TV, but from Avvo re: GA evictions, here it is for what it is worth:

A residential landlord has a duty to accept a payment from a tenant who is in default if and only if the tenant tenders “all rents allegedly owed plus the cost of the [eviction]." [1] However, the tenant cannot wait until the last moment to do this. They must tender the full payment within seven days of the day they were served the eviction paperwork. [2] There is no need to worry about a tenant doing this perpetually because a landlord is only obligated to accept this type of payment once per year. [3] Making this payment provides a complete defense to the eviction and, upon receipt, a landlord should dismiss the eviction.

If a residential tenant offers a partial payment, however, BEWARE! A residential landlord who accepts a partial payment from a tenant after an eviction has been filed waives his right to continue with the eviction and admits the continuance of the lease. [4] In simple terms, the eviction fails and the landlord must start the eviction process over if he wishes to evict the tenant. It does not matter when the partial payment is made – whether one hour after the eviction is filed or five minutes before the eviction trial. Thus the landlord must either reject the partial payment or, if accepted, he must restart the eviction process.

Good Luck!

So I have it right.  Thanks.

So if they aren't able to pay in full this month, I will start the process again in July and sue them for all of it.  Thanks again.

OK  This is my interpretation and mine only and not legal advise.

To me it says that you cannot accept a partial payment AFTER an eviction has been FILED.  If this is what happened then case closed.  You have to start over.

If not, then say THANK YOU FOR THE PARTIAL PAYMENT  BTW, I JUST FILED YOUR EVICTION.

An eviction is FILED when the clerk of the court stamps the eviction complaint and dates it.  That is the date of FILING.  What you posted was a request.  In essence, I would like to see my money in 3 days or I will be filing.