Can landlord accept partial rent and then do a new 3-day notice?
Can landlord accept partial rent and then do a new 3-day notice to pay rent or vacate?
Mike: Good morning. I've got a question concerning posting a three day eviction notice. I have a tenant and they were past the period of time so I put a three day notice on the door saying I need the payment for the full amount of rent. On the third day, they came and they paid me half the rent. Do I need to re-post a new three day notice because it's been a couple days since then and I haven't heard anything from them. Do I need to re-post a new notice with the new amount that they owe, which is half of what they-
Attorney Tom Olsen: Mike that is-
Mike: It was 1250 and they gave me 625.
Attorney Tom Olsen: That is an excellent question. What do you think about that strategy, Robin. What does Mike needed to do?
Attorney Rob Solomon: In the old days, meaning eight or nine years ago, if you accepted a partial payment of rent, you're out of luck. You accepted it and now he's good to go. The law was changed after that. That gave you the right to accept the partial payment if you did one of several things. The one that you're talking about is the most common, which is simply if you're going to accept that rent to redo a new three day notice. They got a brand new three days and with the amount that's still due and so you would serve that again. That's it.
Be very careful how you do three day notices. It's very easy to get them wrong. They seem so simple and yet there's so many places, so many pitfalls that you've got to get them right. Otherwise, your case will get thrown out of court.