Does Accepting June's rent after July's rent due date restrict non-payment eviction?

[Juno2013]

Thanks for any insight. Being a landlord is little love and lots of hate, for me right now..

Tenant was late with June's rent so handed me 2 checks June 30th, one to cover June's rent and one to cover July's rent and said he would text me when he had the funds to cover the checks. July's rent was due on the 5th (like it is always), but it was not until July 7th that I received a text from him to "cash June's rent" check. So he has paid for June's rent, but has said nothing about July's rent and now has intentionally been ignoring me. July's rent us now 10 days late and under Oregon law, I can give him a 72 hour notice of termination of tenancy if rent is more than 7 days late. Question: Did I give up my right to evict him because I accepted June's rent check after July's due date? In his text, he explicitly said the check to cash first was for the month of June.

Thanks so much.

Matthew
Portland, Oregon area

 

[ecmst12]

He's late on his rent. Start the process. Once you serve the pay or quit, accepting any money will reset the clock I believe, so don't accept less than the full amount due.

 

[justalayman]

You have a check. What do you think the courts will say when the tenant says:

I paid him. I gave him a check. It's not my fault he didn't cash it.

Unless you can prove you agreed to hold the check (is it post dated?), as it stands, he has proof he paid you for July. You need to be able to prove the agreement.

July's rent us now 10 days late and under Oregon law, I can give him a 72 hour notice of termination of tenancy if rent is more than 7 days late

actually the 72 hour notice is a pay or quit notice. Then tenant has a right to cure the deficiency prior to you filing for an eviction.

if you evict him, it would be due to non-payment of July's rent. June's rent has nothing to do with it.

 

[ecmst12]

You could deposit the check, let it bounce, then start the eviction process and add the bounced check fees onto what he owes you.

 

[justalayman]

Unless the OP agreed to hold it until the tenant ok'd the deposit. Then the OP would be in breach of their agreement and the fees incurred by the tenant due to a bounced check would be owed by the OP.

 

[ecmst12]

I don't think that would be an enforceable agreement, especially since passing a check that you know you don't have the funds for is illegal.

 

[justalayman]

I don't think that would be an enforceable agreement, especially since passing a check that you know you don't have the funds for is illegal.

not enforceable? seriously?

so, your word is never worth anything?


you are wrong on the passing the check issue. Using your belief, every check into cash place would require every person writing the checks to be committing crimes. Is that what you are saying?

a check is a check unless it is a promissory note. If it is given with an agreement to holding it until some future time, it becomes a promissory note.

 

[BL]

I don't know how the poster's State courts work, but I've been in the courtroom where money was paid towards rent in the month. Landlord ask for eviction , and said tenant owes money.

Judge told LL he could not evict that month since he accepted some rent money. That he would have to start over next month if full rent was not paid - don't accept any amount other than full ,and he had to go to small claims and sue for any unpaid back rent.