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


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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