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Should Landlords Accept Partial Rent Payments?

Joliet Rental Eviction Attorneys for Landlord and Tenant Evictions in Will County

Today’s question is whether a landlord should accept partial payment of a 5 day, 30 day or 10 day notice in Joliet, Will County?

The simple answer is “No”, but we will briefly explain my answer.  We will discuss a 5 day notice in this blog article.  The 5 day notice is a 5 day period of time to pay the landlord the full payment from receipt of the 5 day notice.

If the Landlord accepts “partial payment” than the Landlord must re-notice to the tenants and unknown occupants.  Generally, our 5 day notices state the following:

ONLY FULL PAYMENT of the rent demanded in this notice will waive the LANDLORD’s right to terminate the lease under this notice, unless the Landlord agrees in writing to continue the lease in exchange for partial payment.  Monies will not be accepted into any bank account or money order or any other transaction as partial payment(s) either and any payments deposited will be promptly returned.

Different eviction notices may have slightly different language, but please note that the ONLY FULL PAYMENT is in big letters.  This is due to the significance of this statement.  IF a Landlord accepts partial payment, then the eviction process in Joliet and Will County may have to start from scratch.

An alternative method of accepting partial payment is creating an agreement with the tenant and or landlord in open court.  A written court order can authorize partial payment of rent unlike outside of court.  This is an important distinction.  Partial payments are accepted often in Joliet and Will County Eviction Court to buy an tenant more time to move from the rental premises.  The key here is the court order is enforceable and a landlord can immediately evict a tenant for non-payment of rent.

In conclusion, Sean Robertson and Robertson Legal Group, LLC concentrate in Joliet and Will County Evictions for landlords and tenants in downtown Joliet.  Sean Robertson may be reached at 630-882-9117 or via email at Sean@RobertsonLegalGroupLLC.com.

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