What are a landlord’s rights if they choose to accept late rent?

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What are a landlord’s rights if they choose to accept late rent?

If a letter from Landlord reads, “I have decided to accept your past payment under reservation of the right to proceed with the court hearing on…”. Does this mean that I still have to appear in court or that my Landlord has the option to revisit this matter at a later date if he so chooses?

Asked on July 21, 2011 Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What the landlord's letter is trying to prevent is a future claim by you that he or she agreed to accept a different payment date for when rent is due. The landlord has accepted your late payment for past rent and does not presently view you in breach ofyour rental agreement.

However, if rent is late again under the terms of the written lease, the landlord does not want a situation where you claim that there was an agreement to change the date of rent payment owed by acts of the landlord by accepting rent payement that was late.

The landlord has the option for future late payments to deem you in breach of the written rental agreement.

Good question.


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