Q: If on a commercial lease, the landlord is cashing partial payments can they still evict in that same time period.
We have sent a couple of partials to try & catch up & the landlord has cashed them.
A: The answer is "yes" provided that two things have happened. The initial eviction paperwork must reflect what was outstanding at the time the complaint was filed. Secondly, monies collected after a case is initiated but before a judgement do have to be accounted for and the balance must be noted to the court. Most landlords will be willing to work with a payment plan before a judgment has been obtained provided that a settlement terms /agreement is entered with the court. If the tenant fails to meet the terms then a consent judgment can be filed.
Kenneth V Zichi agrees with this answer
A:
I agree and would further add that often the terms of the lease itself may modify how partial payments will work. You should consult with a local real estate lawyer about this to insure your lease doesn't add wrinkles that would not otherwise be there!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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