Can a Landlord Evict You if You Make Partial Rent Payments?

Tenants may not have the full rental amount available to pay on the day rent is due. They may write a check for a partial payment, promising to pay the rest when they have the money. Accepting a partial rent payment can mean your landlord waives their right to eviction for non-payment of rent. However, some landlords may still try to evict you after accepting your partial rent payment.

If your landlord tries to wrongfully evict you after taking part of the rent payment, you can take legal action to delay your eviction. Contact a local landlord-tenant attorney to understand your tenants’ rights after making partial rent payments.

Can You Pay Partial Rent To Stay in Your Rental?

If you don’t have enough money to make a full monthly rental payment, you can talk to your landlord about extending the grace period or making a partial payment. Depending on your location, a partial payment can delay eviction proceedings and give you time to stay in your rental property.

A partial payment does not excuse the remainder of the rental payment. You will generally still owe the remaining past rent due for any late payments, including any assessed late fees.

However, acceptance of a partial payment can sometimes be argued as a waiver of a prior termination notice, but whether it does depends on your state’s law and whether the landlord accepted the payment while clearly reserving the right to proceed with eviction.

Before relying on a partial payment to secure your rental, make sure you review not only your state laws but also your lease agreement. In some cases, a written agreement may provide that the landlord can begin the eviction process even after accepting partial payment.

What Is a Partial Payment?

A partial rent payment is any amount the tenant pays that is less than the full monthly rent due under their lease agreement.

For some rentals, a tenant may make partial payments to stay less than a full month at a prorated amount. Alternatively, a landlord may accept a partial payment as part of a payment plan negotiated with the tenant and include it in a written agreement to make it enforceable.

In most cases, partial payments are for situations where the tenant or tenants do not have enough money to make the full rental payment. Because of financial hardship or other delays in accessing funding, tenants may pay a portion of the rent as a sign of good faith to the landlord and to avoid a potential eviction for unpaid rent.

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What Happens If the Landlord Accepts a Partial Rent Payment?

In some states, accepting rent after a nonpayment notice, including a partial payment, may be treated as a waiver of the landlord’s ability to terminate based on that notice, unless the landlord clearly reserves the right to continue the eviction.

If the landlord wants to terminate the lease or proceed with an eviction for nonpayment, they may need to avoid taking payment in a way that could be treated as waiving the notice, for example, by refusing the payment, or by accepting it only with a clear written reservation of rights where allowed.

Some states, including Florida, allow landlords to accept partial payment and continue with eviction proceedings. If the tenant owes back rent after eviction, the court will apply the partial payment to reduce the total judgment against the tenant. If you think that making a partial payment will delay the eviction process, check with your local landlord-tenant laws.

Can My Landlord Evict Me After Paying a Part of the Rent?

In most states, a landlord cannot send a notice to evict or cancel a lease for nonpayment after accepting partial rent. The landlord must refuse partial payment to reserve their right to evict. However, in states where landlords can accept payment and continue the eviction process, they must still follow the state’s lawful eviction process.

If your landlord accepted a partial payment for one month, they are not obligated to continue accepting partial payments. The landlord can refuse any further partial payments and continue with an eviction notice.

After serving an eviction notice, some jurisdictions give tenants a limited time to pay the past-due rent, and possibly certain other amounts, to avoid eviction, but other jurisdictions do not require the landlord to offer a right to cure.

The time limit varies by state, generally giving tenants from 3 days to 30 days to fully repay all rent due. If tenants have not paid the rent or left the property, the landlord can file an unlawful detainer to set a court hearing.

If the court finds that the landlord has met the requirements for eviction, it may issue an order, often called a writ of possession, authorizing law enforcement to remove the tenant. The landlord then relies on law enforcement to execute the court order and remove the tenants.

How Do I Find Local Tenant’s Rights Laws?

Your state tenants’ rights laws should be located in the state statutes or codes. Your local housing laws are found on your city or county .gov website. However, finding the relevant laws and statutes can be difficult. You may have a better chance of learning your local tenants’ rights through a local housing authority, small claims court website, or tenants’ rights center through your local legal aid society.

For help understanding your legal options when it comes to rental payments, evictions, and other issues with your landlord, a local attorney can offer legal advice and represent you in court. Local landlord-tenant lawyers are familiar with the local laws and court rules, including where to file your claim, what legal remedies are available, and how to take the best course of action.

If your landlord tries to evict you after they accept partial payment, contact a local landlord-tenant lawyer for legal advice.