If a tenant makes a partial payment regarding past due rent, can landlord continue with an eviction?

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If a tenant makes a partial payment regarding past due rent, can landlord continue with an eviction?

Asked on June 21, 2011 under Real Estate Law, Florida

Answers:

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

Answered 9 years ago | Contributor

The legal issue here is whether accepting rent waives the landlord's right to evict the tenant. The fact is that if you're being evicted for non-payment of rent, a landlord's accepting rent or partial rent from a tenant after the eviction process has been started does not jeopardize their rights to evict their tenant. In other words, even if you pay you may not be able to stay. Landlords who accept rent in the middle of the eviction process typically do not intend to forfeit their right to evict their tenant; they simply want to cut their losses.


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