accepting partial payment before eviction starts

[redman24]

What is the name of your state? TN

If I give a tenant a 14 day pay or quit notice on $1000 of rent and I accept $700 after they receive the notice, can I still start eviction process if they haven't paid the entire amount at the end of 14 days?

 

[adjusterjack]

Former landlord here.

Accepting partial payment may require you to start a new 14 day period.

Granted, I haven't looked it up for TN, but my experience and general knowledge dictates never accept partial payments.

However, what you do depends on whether you want to keep the tenant or get rid of the tenant.

Meantime, study the TN landlord tenant statutes.

Tennessee Code Title 66, Chapter 28 (2023) - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT :: 2023 Tennessee Code :: US Codes and Statutes :: US Law :: Justia

 

[LdiJ]

Former landlord here.

Accepting partial payment may require you to start a new 14 day period.

Granted, I haven't looked it up for TN, but my experience and general knowledge dictates never accept partial payments.

However, what you do depends on whether you want to keep the tenant or get rid of the tenant.

Meantime, study the TN landlord tenant statutes.

Tennessee Code Title 66, Chapter 28 (2023) - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT :: 2023 Tennessee Code :: US Codes and Statutes :: US Law :: Justia

I think it also might matter just how useful the $700.00 would be. There is a chance that some people might feel that $700.00 in hand was worth the risk of an extra 14 day delay.

 

[Taxing Matters]

What is the name of your state? TN

If I give a tenant a 14 day pay or quit notice on $1000 of rent and I accept $700 after they receive the notice, can I still start eviction process if they haven't paid the entire amount at the end of 14 days?

You'll need to see a Tennessee attorney for that one. The Tennessee case law (court decisions) indicates that it depends on exactly what the lease says. For example if there is a provision it that deals with partial payments then that is likely to control the outcome. You do have to be very careful when accepting partial payments. There is at least one case in which the landlord accepting partial in circumstances suggesting there was an agreement to change the lease does in fact create a new lease for the partial payment amount. This means that if what you say or do might be seen by the court as an agreement to modify the lease to the offered rent payment amount. If you accidentally say or do the wrong thing you might walk into a situation where a court will conclude you've just agreed to lower the rent. This is one of the reasons lawyers often tell landlords that the tenant needs to come up with all the money owed and not to accept anything less.