If A Landlord Accepts Partial Payment Can They Evict You?

When you receive a pay or quit notice, paying the rent stops the eviction process in its tracks, but what happens when you can’t afford to pay the entire amount? If a landlord accepts partial payment can they evict you?

State laws vary widely when it comes to landlords’ obligations to accept partial rent payments. Without a clear, written agreement from your landlord, you might still face eviction despite your best efforts to pay what you can afford.

If A Landlord Accepts Partial Payment Can They Evict You?

The short answer is that it depends on where you live and whether or not your landlord has accepted any partial payments under specific terms.

In many states, landlords waive their right to evict you based on nonpayment of rent when they accept partial rent payments. In other words, accepting any money can reset the eviction process.

But your landlord may still be able to evict you if they reserve the right to continue with the eviction process, as long as they clearly state this intention in writing. Everything depends on your local laws.

While some states have tenant protections, others don’t automatically waive eviction rights with partial payments.

See Also: How Many Months Behind On Rent Before Eviction?

What Happens When You Make A Partial Rent Payment?

Basically, your landlord has 3 options when you offer to make a partial payment covering late rent.

1. Reject the payment and continue with the eviction unless full payment is made.
2. Accept the payment and reserve the right (in writing) to continue with eviction if the balance isn’t paid by the agreed date.
3. Accept the payment then immediately issue a new notice to pay the balance or quit.

Don’t just pay something toward the rent you owe and hope your landlord lets the issue slide for a while. You need to negotiate with your landlord and make an agreement in writing confirming:

• The amount of the partial payment
• A payment schedule for the remaining balance
• Agreement to end current eviction proceedings

Always make your offer of partial payment in writing so you have evidence to show the judge if you decide to fight your eviction.

Even if your landlord refuses to accept part payment, your willingness to make a partial payment will often help your case in court.

If I Pay My Rent Can I Still Be Evicted?

If you pay your rent before the deadline on the pay or quit notice, your landlord no longer has a reason to evict you.

But when an eviction lawsuit has already been filed, it’s often up to your landlord whether they agree to stop the eviction if you pay the overdue rent, late fees, and court filing fees.

However, some states will automatically pause or cancel evictions if rent is paid in full during the eviction process.

How late can you pay rent before eviction? In some jurisdictions, like New York, paying all the rent you owe to the clerk of the court before the court hearing will stop the eviction. Check your local laws or call the 2-1-1 helpline for advice.

If You Get Evicted Do You Still Have To Pay Rent?

Yes, if you get evicted you’re still liable for the current rental debt and could be liable to pay rent for the remainder of the lease period (or the period you continued to occupy the rental unit).

The rental debt you owe when you receive a pay or quit notice is straightforward to calculate. It’s the overdue rent plus any late fees.

But you may also owe your landlord for the remaining months on your lease. In most states, landlords must make an effort to re-rent the unit to mitigate your liability. When a new tenant is found, your liability to pay for the remaining months ends.

If you continue to occupy the property and wait for the court to evict you, the court may order you to pay for those months even if your original lease already expired. Move out as soon as possible to limit your potential debt.

The Consequences Of Rental Debt

Your landlord may try to collect on your debt via small claims court or collections. With a small claims judgment, your landlord can ask the court to garnish your wages or place a levy on your bank account.

Alternatively, they may sell the debt to a collections agency that will chase you for payment. Either way, the debt will be recorded on your credit report which will make it harder for you to rent (or get credit) in the future.

Finding a new rental with an eviction on your record isn’t easy, but more landlords will consider your application if your rental debt is paid off.

What To Do When You Can’t Pay Your Rent

1. Talk to your landlord as soon as you know you’ll be late paying next month’s rent.
2. Try to negotiate a payment plan or ask for extra time to pay.
3. Apply for emergency rent assistance from state or charitable programs.
4. Call the free 2-1-1  helpline to connect with a tenant rights advisor.

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See Also: What To Do If You Get Evicted And Have Nowhere To Go