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Can my landlord deny acceptance of a payment?

Having a dispute with a tenant or landlord? Rental Law discussion

Can my landlord deny acceptance of a payment?

Postby roche » Sat Feb 25, 2012 10:40 pm

We qualify for some money from the town to help with our rent. The town said they would only give it to the landlord if he agreed to stop the eviction process. He said he would not accept it and he can't stop the eviction process unless we gave him full payment. Is he allowed to not accept our payment from the town?
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Can my landlord deny acceptance of a payment?

Postby winfrid12 » Sat Feb 25, 2012 10:53 pm

Yes, there are situations where rent can be refused.

Any partial payment of rent can be refused.

A full payment can be refused, but only after the 3 days notice period of the eviction has started. You will still have to pay the rent, but as a court ordered judgment as part of the eviction. This way the landlord can get rid of you but still gets the rent.

If the landlord accepts this money, which he does not have to, it would automatically stop the eviction process, as it is "settled out of court". He does not have to specifically agree, just cashing the check is legal "agreement" in this case.
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Can my landlord deny acceptance of a payment?

Postby symington » Sat Feb 25, 2012 11:05 pm

If your notice to pay or quit has expired (your landlord provided 3-10 day notice to pay up or get out, those days have passed, and now you have a court date), he doesn't have to accept anything from you, even full payment. Typically, in this situation, you would have to pay full backrent and fees owed, PLUS the cost of the eviction, since your landlord had to pay to file.

However, your landlord is perfectly within his rights to not accept anything from you, even full payment and damages, to continue with the eviction. He has no obligation to keep renting to someone who doesn't honor their financial obligations, regardless of your circumstances.

If your landlord has not yet filed for eviction (you are either still in your pay or quit timeframe, or he is only threatening eviction at this point), then he has to accept full payment. He doesn't have to accept anything less.

Never does a landlord have to accept payment from a third party, especially if your landlord has chosen not to participate in government programs. Even if you qualify for assistance, your landlord doesn't have to accept it.
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Can my landlord deny acceptance of a payment?

Postby karlitis » Sat Feb 25, 2012 11:14 pm

Technically, he is not denying payment by the town, he is denying you the end of the eviction process.
That disqualifies you from the payment by the town.
He can refuse to not stop eviction procedure legally.
If you are a good tenant, that has merely hit a temporary problem, it behooves you to work as hard as possible with your landlord to get current. Provide him with a plan to do so, and ask for him to accept the town payment as well.
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Can my landlord deny acceptance of a payment?

Postby shadrach » Sat Feb 25, 2012 11:22 pm

Yep
You had a deal requiring you to pay rent IN FULL and ON TIME
You didn't do it, regardless of your reasons
LL has a right to have good, responsible, regularly paying tenants in place--he has bills to pay too
LL figures he wants you out because you're behind in rent, and even getting onetime assistance from town, you'd still be behind, and he wants to have regular, timely rent payments
It's business, and makes financial sense for LL even if it's hard for you
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Can my landlord deny acceptance of a payment?

Postby arrigo » Sat Feb 25, 2012 11:29 pm

If you dont give the entire amount, he can refuse to accept a partial payment from whoever is giving him money, so if you dont come up with the whole amount he can definitely go ahead with the eviction. You have an agreement to pay a specific rent amount and landlord depends on that to pay his bills.
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Can my landlord deny acceptance of a payment?

Postby wal49 » Sat Feb 25, 2012 11:39 pm

Sounds like the landlord wants his payment in full.
Not part payment from assistance.
Landlords and lenders often turn down any payment that is not payment in full.
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Can my landlord deny acceptance of a payment?

Postby kienan » Sat Feb 25, 2012 11:46 pm

He is not obligated to accept anything less than full payment.
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Can my landlord deny acceptance of a payment?

Postby lamarr3 » Sun Feb 26, 2012 12:05 am

Yes. The landlord is not required to accept a 3rd party check or partial payment. Pay in full to stop the eviction.
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Can my landlord deny acceptance of a payment?

Postby siwili » Sun Feb 26, 2012 12:10 am

Because the landlord does NOT want to participate in a government program nor does it want tenants that do. You cannot force him. So start packing
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