Landlord Question and Answer Forum

i served my tenants a 3 day pay or vacate notice last week. Their rent was due this past friday, but rent was not deposited into my bank account. I received a message from the tenant saying partial payment was deposited in the banks overnight deposit box on friday. Can I choose not to accept partial payment so that i can start the eviction process or should i serve a new 3 day notice? I really want to get these people out. thanks,

First, any rent that was past due at the time that the three day notice was posted can be accepted by the landlord and not constitute a waiver of the three day notice. Here is an example. If the tenant did not pay May or June's rent, and the landlord posts the three day notice on July 10, then the landlord can accept rental payments for May and June even after posting the three day notice to vacate and still maintain the eviction action. But where things get sticky is when the landlord posts the three day notice on June 28 because the landlord found the tenant keeping a dog at the apartment (when there is a not pets clause in the lease) and then accepts July's rent after posting the three day notice. The acceptance of future rent after posting a three day notice will waive the three day notice. Since the three day notice to vacate is what gives the court jurisdiction to hear the case in the first place, the court will have to dismiss the eviction if the tenant raises the point.

Posted by Denise S, PA on Monday, September 14, 2009