If a landlord accepts partial rent, does that result in her waiving the tenant’s breach of the lease?

Asked on August 16, 2012 under Real Estate Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If a landlord accepts partial payment prior to obtaining a judgment regarding non-payment of rent, most judges will dismiss the eviction proceedings. The landlord will then need to start the process over for any rent that is still owed.

Note: Even after a judgment is awarded to a landlord, typically a tenant has a period of time in which to pay back rent in order to avoid eviction.


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