Q: as a landlord, May I postpone a scheduled eviction date with partial payment? Do I have to give 5 days notice again?
An eviction date was schedule with the sheriff for this Thursday the 18. The tenant wants to make a partial payment but wants me to cancel the eviction in return. Do you have to start the process from the start again if they don't pay the rest of the amount in 2 weeks as they promised? Thanks!
A:
As a landlord, you are not obligated to accept partial payment or postpone the eviction date. However, if you choose to do so, the specific legal requirements may vary depending on your jurisdiction. Here are a few general points to consider:
1. Agreement: If you accept a partial payment and agree to postpone the eviction, it's important to have a written agreement with the tenant outlining the terms of the arrangement, including the amount paid, the remaining balance, and the new deadline for payment.
2. Notice requirements: In some jurisdictions, accepting partial payment may void the original eviction notice, and you may need to serve a new notice if the tenant fails to pay the remaining amount by the agreed-upon date. However, this varies by location, so it's essential to check your local laws or consult with a legal professional.
3. Restarting the eviction process: If the tenant does not fulfill their promise to pay the remaining amount within the agreed timeframe, you may need to restart the eviction process. This could involve serving a new notice and filing a new eviction case with the court, depending on your jurisdiction's requirements.
Given the complexity of eviction laws and the potential consequences of missteps, it is highly recommended that you consult with a local landlord-tenant attorney or a legal aid organization specializing in landlord-tenant issues before making a decision. They can provide guidance specific to your jurisdiction and help protect your legal rights as a landlord.
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