Q: landlord accepts partial rent on different days of month for 11/2 years gave us 72 hr to pay dec. wants mom to move in
we gave $500 a week 1/2 ago since not out yet he gve the notice to evict in accordance to rental agreement thats never been followed
A: The exact details are critical here. IF the landlord has accepted partial rent payments for the current amount owed, you may well have a winnable waiver argument. IF there is a consistent pattern of accepting partial payment of rent, and he suddenly ceases to do that without any prior warning, you may also have a potentially winnable case. But you don't say whether the acceptance of partial payment(s) comes before or after the 72 Hr. Notice was served. Your lease terms could also potentially affect things. So the only way for you to really know much is to gather all your documents together and take them to a local landlord-tenant attorney for a complete review and evaluation. Good luck.
Katherine Goodman agrees with this answer
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