Skip to content
Legal & Legislation

User Stats

1
Posts
0
Votes
Josh Carson
  • New to Real Estate
  • Pittsburgh, PA
0
Votes |
1
Posts

Can I collect past due rent after Cash for a keys agreement

Josh Carson
  • New to Real Estate
  • Pittsburgh, PA
Posted Feb 22 2023, 12:57

I am new to real-estate investing.  I have a tenant who immediately upon moving in told me she did not have money to pay the rent and applied for ERAP. She was approved and I have been paid but payment is consistently 20 days late and does not include the late payment fee. I issued a notice to quit and did not receive payment during that time. I offered her her security deposit in full to move in 30 days to avoid going to court. ERAP has since mailed a check for February rent. Can I still cash this next month if she vacates in 30 days? I know that in the future I need better screening methods, however am just trying to figure out the proper solution out of this lease for now. 

User Stats

4,199
Posts
4,089
Votes
Mike Hern
Pro Member
  • Investor
  • Scottsdale Austin Tuktoyaktuk
4,089
Votes |
4,199
Posts
Mike Hern
Pro Member
  • Investor
  • Scottsdale Austin Tuktoyaktuk
Replied Feb 23 2023, 00:27
Quote from @Josh Carson:

I am new to real-estate investing.  I have a tenant who immediately upon moving in told me she did not have money to pay the rent and applied for ERAP. She was approved and I have been paid but payment is consistently 20 days late and does not include the late payment fee. I issued a notice to quit and did not receive payment during that time. I offered her her security deposit in full to move in 30 days to avoid going to court. ERAP has since mailed a check for February rent. Can I still cash this next month if she vacates in 30 days? I know that in the future I need better screening methods, however am just trying to figure out the proper solution out of this lease for now. 

If you accept rent payment, any eviction starts all over again. Talk to an eviction attorney before proceeding.