Landlord Question and Answer Forum

On the 1st of march I gave a tenant a demand for non-payment of rent. She must have gone to different agencies. She owes over 1200.00 but I only received a check for 100.00. I never CASHED the check. I will take it back to the agency. Can I go on the old demand or do I HAVE TO REISSUES a NEW ONE AND WAIT MORE TIME TO GET HER OUT?-email address- maria752754@sbcglobal.net

A landlord may hold a check for a purpose other than acceptance (even beyond the move-out date on a notice to quit) without waiving the right to pursue the eviction case. For instance, as long as you hold it without cashing it pending the outcome of eviction proceedings, you should be ok. If you have give a receipt to the tenant for any partial payment; some attorneys will say to include on the receipt "Accepted WITHOUT reservation". This too will assist in preventing the court case to be dropped and having to start over. Good luck and complicated cases, should always have the advice of a good attorney. A mistake today could cost a fortune tomorrow.

Posted by Donna , NC on Wednesday, March 31, 2010

In addition to Stacys' post I recommend that you provide a receipt to the tenant making it clear that the amount of the check is for use and occupancy only. That way it does not have an impact on you case and you would not have to start over because as long as the tenant is a resident at the property rent will continually become due. make sure to be specific that it is for use and occupancy only so it does cancel your prior eviction actions.

Posted by Karrgitha W, PA on Saturday, April 10, 2010

Correction to prior post---- make sure to be specific so it DOES NOT cancel your prior eviction actions.

Posted by Karrgitha W, PA on Saturday, April 10, 2010