Can I still collect past due monies from my tenant even though they have been served an eviction notice?

Tenant owes 3 months rent but wants to pay me one of them even though they have just been served a disposer notice and have 7 days to reply. Should I not accept any payment even though they will still sufficiently be behind in the rent. I don’t want the current action to become void by taking payment.

Asked on September 13, 2011 under Real Estate Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you accept past due rent from your tenant and still want to continue with the eviction proceeding against him or her, you need to write up a short agreement accepting payment of the stated amount provided you either by a specific check number dated in a specific date, cash, cashiers check or money order stating that acceptance of the partial payment in no way consititutes a waiver of the eviction proceeding.

The agreement needs to be signed and dated by the tenant and you, the landlord.

If the tenant is willing to pay you partial rent and vacate the rental by a set date, perhaps drafting the agreement to also include an agreed upon move out date as well would help resolve the situation.

Good luck.

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