Q: I want to file eviction. Can I do so since I wrote I would accept half payment on the 3 day notice and then I refused?
I gave a 3 day notice to my tenant (which is a family member) for non payment. We are not speaking to each other so things are tense. On the notice I wrote the full amount due and also the amount for half month. This was based on a previous statement that I told them that I would accept half month if they moved out within that half month. On the 3rd day they gave a half payment with a letter stating that I must accept a half payment and that I must legally drop eviction process. I gave the check and letter back stating that I don't feel it's legal and I don't agree to their terms. However, I am willing to accept half as I mentioned and drop the eviction process. But they would need to sign an agreement that states it covers for the half month and if they do not move out at that point they owe the other half and the eviction process can restart.
A: Yes, you probably can go through with the eviction at this point. But you need to make up your mind and stick to it; If you now accept their check, you would need to re-notice them in the future.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
