Q: Does Landlord forfeit rent if he cashes partial rent checks but gives written notice to Tenant that rent was incomplete?
Tenant pays correct rent for several months. Then for 4-5 months pays partial rent. Landlord cashed the checks but gave written notice to Tenant that the rent was incomplete and the unpaid rent was due. Tenant signed receipt of notice, ignores it, but resumes paying correct rent for several more months. Tenant refuses paying the back unpaid rent saying that by accepting the partial rent checks Landlord forfeited the unpaid rent. Is the Tenant legally correct in in NJ? Can Landlord legally retain the unpaid rent from the security deposit? There's no eviction action at all in this scenario.
Thanks
A:
landlord can still file eviction and accept partial payment. try to settle:
APPENDIX XI-V C CONSENT TO ENTER JUDGMENT (TENANT REMAINS)
Plaintiff
v.
Defendant
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: SPECIAL CIVIL PART COUNTY
LANDLORD-TENANT DIVISION
DOCKET #LT
CONSENT TO ENTER JUDGMENT
(TENANT TO STAY IN PREMISES)
THE TENANT AND LANDLORD HEREBY AGREE THAT:
1. The Tenant shall pay to the Landlord $ , which the Tenant admits is now due and owing and AGREES TO THE IMMEDIATE ENTRY OF A JUDGMENT FOR POSSESSION.
2. The Tenant shall pay the amount shown in paragraph 1 as follows:
a. $ immediately, which the Landlord admits receiving.
b. The Tenant shall pay the rest of the amount shown in paragraph 1 as follows:
3. The Tenant also agrees to pay $ each month as required by the rental agreement, in addition to the payment required in paragraph 1, until this settlement agreement is over.
4. All payments made during the term of this agreement shall be applied first to the rents that become due after today, and then they shall be applied to pay the balance of the arrears stated in paragraph 1. If the Tenant makes all payments required in paragraph 2b of this agreement, the Landlord agrees not to request a warrant of removal. If the Tenant does not make all payments required in paragraph 2b of this agreement, the Tenant agrees that the Landlord, with notice to the tenant, may file a certification stating when and what the breach was and that a warrant of removal may then be issued by the clerk. THIS MEANS THAT IF THE TENANT FAILS TO MAKE ANY PAYMENT THAT IS REQUIRED IN PARAGRAPH 2b OF THIS AGREEMENT, THE TENANT MAY BE EVICTED AS PERMITTED BY LAW AFTER THE SERVICE OF THE WARRANT OF REMOVAL.
5. This agreement shall end when the Tenant has paid the full amount of rent stated in paragraph 1 and then the judgment shall be vacated and the complaint shall be dismissed.
DATE:
Landlord’s Attorney Tenant’s Attorney
Landlord Tenant
NOTE: THE CERTIFICATION BY LANDLORD AND THE CERTIFICATION OF LANDLORD’S ATTORNEY (IF THE LANDLORD HAS AN ATTORNEY) ARE ATTACHED HERETO.
[Note: Appendix XI-V adopted July 18, 2001 to be effective November 1, 2001]
Revised 4/1/2004, CN 10514-English page 1 of 1
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