What are the issues of excepting a partial payment for a monthly rent? If you deposit the partial payment are you stating (in the eyes of a judge) that your accepting that as payment for the entire month?
In other words should a landlord take a partial payment or expect payment in full when the issue arises?
Thanks,
Joe
Joe,
NEVER ACCEPT PARTIAL PAYMENT!!! Accepting partial payment sets a precedent in court and will prevent you from evicting the tenant that month. Insist on FULL payment ON TIME. Without full payment, on-time - immediately evict.
Now, repeat after me:
I won’t accept partial payment
I won’t accept partial payment
I won’t accept partial payment…
Write that 100 times on the chaulkboard and then stand in the corner for an hour for even considering it.
Good Luck,
Mike
The use of CAPS in the previous post is justified. 
Never, never, never accept partial payment for anything. If you do, you may want to have something in writing that says it is not full payment and you will continue with the eviction. I’m not sure that the written agreement will fly in court, but it’s better than simply depositing the money without agreeing with the tenant in writing of the next steps or what the payment is for.
I send partial payments back to the tenant or hold them and continue with eviction proceedings. Even if the payment is $1 short, I will not deposit and charge the tenants late fees.