Partial payment right before evict them question?

Question

We sent the notice to pay or quit, and we are ready now to start the eviction process, but we just received an email this morning from our tenant saying something like "we can pay some tomorrow and the rest on Friday". They own us part of Oct and Nov plus all late fees. Also, communication is very bad. We are thinking that the only way to stop the eviction is to receive full payment or even better just receive the house back. What should we do? if we start the eviction and they pay in full can we withdraw/stop the process?

Thank you

Robert Clement · Answer

Once I start the eviction process, do you know if I can withdraw the process if they pay in full before the court day?

Jo W. · Answer

@Robert Clement

Me personally don't accept partial payment.

The problem you may face is if the judge will agree to make a payment plan which is not a bad thing if the tenant keeps the place in a good shape.

I would talk to the tenant and explain the situation and set your expectations with them, if they don't pay in full i would proceed with the eviction.

Cassi Justiz · Answer

If you are already at this point with your tenants, I would say don't accept payment and keep moving forward with the eviction. If you would rather keep the tenant and not have the vacancy, then make them pay the entire amount plus all fees via cashiers check. Just don't accept another partial rent payment from them or you will be in the same mess all over again.

John Underwood · Answer

If they bay back rent you can still proceed with the eviction. If they pay any of current month then you will be forced to stop the eviction.