Can I cash a partial rent payment and continue the eviction process?

[hwistlere31]

I have a tenant in Alabama that had not paid January or February rent because of a disagreement about his inconvenience during a hot water heater repair in December. He attempted to deduct $330 from the rent for inconvenience for the 10 days the hot water was out. We refused the reduced payment and he has not paid the amount due for the January rent. After several request for the January rent in writing the tenant has not paid. We sent a notice that if the rent was not paid by a designated date he is to leave the premises but is not relieved of the rent due. He sent a check for the February rent with a note in the memo line that it is for February and he still has not paid for January. The time frame we gave him to pay or get out ends February 16th. We intend to send him a letter acknowledging the receipt of the February rent but it is not going to end the eviction process because he has not paid rent for January plus the late fees. If we cash the check labeled for the February rent will it end our eviction process?

[webb]

If you accept the check, then you will need to begin the eviction process all over again. You either accept partial payments and draw out the inevitable because you have to restart the eviction process every time you accept partial payment, or you refuse anything but full payment (including late fees and damages, if any), and proceed with the eviction.

Send the check back, unless you want to stop the eviction.

[marq]

Usually accepting any form of payment will reset the whole process. Accept nothing less than full payment.

The money he sent you is applied first to the outstanding debt, then to the new rent. He can't pick and choose where it is applied. Doesn't matter what he writes on the paper. Now apply the money to what is past due, then the leftover to February. Then send him a 3 day pay or quit notice for the remainder of February rent. Done.

[sayre]

Why not negotiate with them.
Tell them that you will deduct the 10 days that they were out of hot water from the rent. Not the full $330 they want - unless that is indeed 10 days rent.
(a small price to pay for living without hot water in winter - to say the least).

I always say landlords are not evil. Don't make this statement an untruth.
Negotiate a deal. No rent for those 10 days.

[tonibraxton]

No it wont stop the process if you cash it. He still owes for those months so he has to pay you and you can cash the check and still have him evicted. He owes his rent no matter what happens.

[seager]

If your tenant stayed in the unit while he had no hot water, you are not legally obligated to pro rate the rent for the ten days.

Quite honestly, it is probably the most cost efficient to give him the $330 credit on January's rent, then opt to not renew the lease when it expires. You can write off the $330 as a business expense on your taxes for the rental property.

If you are intent on evicting your tenant, google your state's landlord tenant laws and read them to find the answer to your question. You should not be a landlord without knowing the laws in your state.