I accepted excess rent last month. Does that mean I accepted partial payment and I can't evict for non-payment?
I provided the 60-day notice, but they didn’t acknowledge the email, text, or form I posted. April 1 came, and they didn’t make the remaining rent payment of $414.39, which was in excess of the credit they had from March. There was a credit left from March, which I have for April.
I provided a 3-day notice to pay or quit. Does the credit remaining from March constitute accepting partial rent? Will I be able to evict for non-payment?
They also won’t communicate with me, even though I sent an email and text requesting communication. Can you advise? Also, I sent an email letting them know that if they didn’t plan to pay and wanted to move out early, they could let me know the date, and I’d refund them a portion of April’s prepaid rent. They don’t seem to want to negotiate or sign the new lease or acknowledge anything I send.
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If you have a rent credit, you shouldn’t apply it, as it may be considered rent accepted. If you applied the rent credit already, you can return it to them.
The tenants don’t have to acknowledge the 60-day notice at all. It’s not required. You can enforce the 3-day notice through eviction if they don’t pay or quit.
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I spoke with you a few days ago regarding an incorrect lease termination date. I provided the 60-day notice, but they didn’t acknowledge the email, text, or form I posted. April 1 came, and they didn’t make the remaining rent payment of $414.39, which was in excess of the credit they had from March. There was a credit left from March, which I have for April. I provided a 3-day notice to pay or quit. Does the credit remaining from March constitute accepting partial rent? Will I be able to evict for non-payment? They also won’t communicate with me, even though I sent an email and text requesting communication. Can you advise? Also, I sent an email letting them know that if they didn’t plan to pay and wanted to move out early, they could let me know the date, and I’d refund them a portion of April’s prepaid rent. They don’t seem to want to negotiate or sign the new lease or acknowledge anything I send.
If you have a rent credit, you shouldn’t apply it, as it may be considered rent accepted. If you applied the rent credit already, you can return it to them.
The tenants don’t have to acknowledge the 60-day notice at all. It’s not required. You can enforce the 3-day notice through eviction if they don’t pay or quit.
Okay, so do I retract the notice?
How do you retract what precisely? The 3-day notice?
Yes, the 3-day notice.
You can keep it simple and just state that you are retracting the 3-day notice. You can also state that past due rent is still owed for this month. Then, if they don’t pay on May 1, you can send another notice with all the money owed for May and April.
I’ll do this. Thank you. You are so supportive, and I’m grateful. So basically, I have to accept that they may not pay and move on. I’ll be more careful in the future.
For sure! Were there any details I missed? Any other concerns?
How can I get them to have to communicate with me?
They may see you as an adversary in this case, so I suggest explaining that you’re doing this not just for your benefit, but for theirs too.
Okay, I can do that. Got it! Have I done anything to make them sue me? I just feel like he is stonewalling me.
No—legally, you haven’t done anything that would suggest a lawsuit.
He has not paid for the damages to my driveway either, and that’s what upset him to begin with. I said their car was leaking and damaging the driveway. He refused to pay and then turned on me.
Understood. You can send a demand for them to pay for the damages. If they move out, you can take it from the security deposit, or you could sue for the damages.
He’s been demanding time-stamped images of damage before and after. I’ve done my best. I sent a Zelle request, and he didn’t pay that either. Thank you for listening—it’s hard living with them under these circumstances.
I hear you. I can imagine how frustrating this must be.
Thank you for your guidance!
You bet! Thank you for trusting AskaLawyer with your question.
