Paying Rent and Accepting Partial Payments, Non-Waiver Agreements

Tenants must pay their rent in full and on time. Inability to pay rent because of job loss, financial hardship, or medical problems will not stop an eviction. If a tenant is having a problem paying rent on time, and try talking with the landlord first. The landlord may be willing to work with the tenant regarding payments; however, the tenant is still responsible for paying all of the rent owed. The landlord is not required to give a tenant more time or make special payment arrangements with the tenant in the case of financial hardship. Practice tip: A landlord does not have to accept a partial payment of rent. But if a landlord accepts payment in part or in full after he has given the tenant a notice of nonpayment or a notice of any other kind of lease breach, he cannot evict the tenant unless the tenant also signs a document that states that he can still evict the tenant for violations of the lease spelled out in the form of a partial payment agreement. If the landlord does not have the tenant sign this document, then he loses his right to evict the tenant for that breach of the lease.