Accepting partial rent payments

[Rico See]

I have a late paying renter in a turnkey property in Memphis,TN. The management company is accepting partial rent payments from the tenant. I know in California if a landlord accepts partial rent, that may have a negative affect on eviction proceedings in the future. Is this the same in Tennessee?

[James Wise]

Originally posted by @Jill F.:

@James Wise , @Tom Ott

I am not a lawyer but this is not my understanding of the ORC, As I understand it, an Ohio  landlord may not accept any payment AFTER filing eviction without restarting the process. Otherwise, acceptance of partial payment only delays the ability to file an eviction until the tenant is no longer "current" on rent. For example, if a landlord was to accept half the rent then the tenant is current through the middle of the month at which point if the tenant does not pay the remainder owed then the landlord can immediately deliver a 3-day notice. Additionally, routine acceptance of late rent can effectively change the due date requiring the landlord to send written notification that moving forward, the terms of the lease will be strictly enforced so that the landlord can once again evict according to the terms of the lease. If I have missed something in the code regarding the acceptance of late and/or partial rent payments in Ohio could you please point me to the relevant code section? Thank you.

 Doesn't work that way. You need to wait until the following month to serve the tenant a 3 day if you accept a partial payment.

Ex: Jan rent is $700. You accept a payment of $350 on Jan 5th. You cannot evict in Jan. You need to wait until Feb.