Replies

1. 
   sledgehammer | Jul 07, 2009 03:59am | #1

   You shouldn't have accepted the payment.

    

   Save yourself time and money... get a lawyer.

2. 
   BigBill | Jul 07, 2009 04:17am | #2

   Probibly not.  Do a web search for landlord tenant rights for your state.  Here in Nebraska if they paid up thru June and I took their money.  The clock starts over so if I wanted them gone I should not accept the late money. 

   Do you have a latefee clause in the lease and did they pay it?  Has the lease lapsed and you are in a month to month rent?  Lots of things can affect what you can do as a landlord. 

3. 
   jimAKAblue | Jul 07, 2009 04:18am | #3

   Check out mrlandlord.com for some helpful stuff for landlords.

4. 
   MikeRyan | Jul 07, 2009 04:48am | #4

   No...after you accept payment, the clock starts ALL over again.

    

   Just went through this myself.

   3 day notice on May 31

   No pay, so file Eviction on June 4

   Has until the 11th to respond

   Responded to court on the 11th, so

   Rent Due hearing set for July 1

   No show at Rent Due hearing

   Has 3 days to deposit rent in court's account

   Writ of Possession issued on July 7

   still has 24 hours to vacate.

    

   System sucks for landlords.  I was out a month when I filed, and the scumbag gets another month+ on my dime.

1. 
   bc | Jul 07, 2009 05:09am | #5

   use youcheckcredit.com

   makes recommendations for tenants... i didnt listen!

    

    

5. 
   alwaysoverbudget | Jul 07, 2009 06:15am | #6

   court tommorrow is a mute point,you evicted him for june,he's now paid,you accepted. when he paid you could of had him sign that this did not do away with the court procedings[theres a name for it ,i don't know it.] you do have the right to refuse the payment if all your paperwork is in order,when you get to court he says he'll pay ,you tell the judge you want him gone.

   now that you have accepted junes,i take it july is not paid, start all over  with notices and do it again.if you have a tenant that knows how to push all the buttons,you will do best to hire it all done. around here 150-350.

   being a landlord is a fun and exciting way to get rich,whats what the guy on sat am tv says.

   WAIT>>>>>>>>>>>>> did he pay you in cash or check? make sure the check clears before blowing the court date

   the older i get ,

   the more people tick me off

1. 
   FastEddie | Jul 08, 2009 02:37am | #11

   In our commercial leases, late payment does not cure default.  The landlord has the option of enforcing the penalty."Put your creed in your deed."   Emerson

   "When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it."  T. Roosevelt

6. 
   AnimaMundi | Jul 07, 2009 04:41pm | #7

   that would depend on a lot of things, i.e. jurisdiction, terms of the lease, etc.

   basically, the tenant is still in default if the July rent payment is still outstanding.   i would go to court because otherwise you will lose valuable time to get him out if he continuous to be non-payment.

7. 
   YesMaam27577 | Jul 07, 2009 11:17pm | #8

   Depends on your location, but probably not.

   Most states have laws that say any acceptance of a partial payment resets all proceedings to the "zero point".

   Politics is the antithesis of problem solving.
1. 
   brownbagg | Jul 08, 2009 02:35am | #9

   had a landlady that made you pay per week, but only accept money on the first , that way if you was late, one week out, you was out and instead of getting extra 30 days on them you only got a week.

1. 
   IMERC | Jul 08, 2009 02:37am | #10

   had one of those too... 

   Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming<!----><!----><!---->

   WOW!!! What a Ride!

   Forget the primal scream, just ROAR!!!

    

   "Some days it's just not worth chewing through the restraints"

8. 
   Dinosaur | Jul 08, 2009 07:48am | #12

   Is this the same guy with the dog that has pet cockroaches and eats air conditioners?

    

    

    

   As to your question, IMO you voluntarily allowed him to cure his default for June by accepting payment late, so unless the check bounces, you're stuck with him until he defaults again. (Which could be in as little as two days, depending on the law in your state....)

   Dinosaur

   How now, Mighty Sauron, that thou art not brought
   low by this? For thine evil pales before that which
   foolish men call Justice....