 Partial rent (by JF [NJ]) Nov 26, 2015 12:55 PM
 Partial rent (by AllyM [NJ]) Nov 26, 2015 1:07 PM
Partial rent (by myob [GA]) Nov 26, 2015 3:26 PM
Partial rent (by Frank [NJ]) Nov 26, 2015 3:41 PM
Partial rent (by Robert,Ontario,Can [ON]) Nov 26, 2015 4:30 PM
Partial rent (by melinda [MD]) Nov 26, 2015 8:28 PM
Partial rent (by BRAD 20,000 [IN]) Nov 26, 2015 10:05 PM
Partial rent (by BRAD 20,000 [IN]) Nov 26, 2015 10:06 PM
Partial rent (by Vee [OH]) Nov 27, 2015 8:06 AM
Partial rent (by Emily [TX]) Nov 27, 2015 8:36 AM
Partial rent (by JF [NJ]) Nov 27, 2015 8:47 AM
Partial rent (by Nicole [PA]) Nov 27, 2015 12:27 PM
Partial rent (by Sharon [TX]) Nov 28, 2015 10:57 AM
Partial rent (by Robert J [CA]) Nov 28, 2015 12:16 PM
Partial rent (by Kate [NJ]) Nov 30, 2015 10:48 AM
Partial rent (by JF [NJ]) Dec 14, 2015 11:37 AM
Partial rent (by JF [NJ]) Posted on: Nov 26, 2015 12:55 PM
Message:
State Specific Question About: NEW JERSEY (NJ)
Tenant pays correct rent for several months. Then for 4-5 months pays partial rent. Landlord cashed the checks but gave written notice to Tenant that the rent was incomplete and the unpaid rent was due. Tenant signed receipt of notice, ignores it, but resumes paying correct rent for several more months. Tenant refuses paying the back unpaid rent saying that by accepting the partial rent checks Landlord forfeited the unpaid rent.
Is the Tenant legally correct in in NJ? Can Landlord legally recover the unpaid rent from the security deposit? There's no eviction action at all in this scenario nor the rent amount is or was in dispute. I believe that accepting a partial payment results in a waiver of the full amount only if there's a dispute as to the amount.
Thanks --24.45.xxx.xxx |
Partial rent (by AllyM [NJ]) Posted on: Nov 26, 2015 1:07 PM
Message:
Don't know how this will play out in court but you would have to take it there to get your money I presume. Here in NJ if a tenant is continuously LATE with rent, the judge will evict.
But I am not sure if that means the tenant has to officially taken to court and then pays late in court.
I don't know the name of a good landlord tenant attorney anymore since I haven't had any problems for a long time with only six units left and long term tenants.
Joe Mooney used to be good and he's in Trenton if he's still alive. --73.33.xxx.xxx |
Partial rent (by myob [GA]) Posted on: Nov 26, 2015 3:26 PM
Message:
I can say here in GA you cannot evict if you take any of the rent. PERIOD.
Your question doesn't appear to be about evicting but collecting.
I would keep sending balance bills out to tenant. Your not evicting but giving notice they owe.
We have had to evict for non payment and on the dispo we note (under other) balance from previous months-- along with what I'm evicting them for this month. That has never been denied. --74.184.xxx.xx |
Partial rent (by Frank [NJ]) Posted on: Nov 26, 2015 3:41 PM
Message:
the tenant has had their way for months now.....with no consequences....why should hey pay up now?
Get an atty. to handle this.
Ideally start the eviction process ASAP.
Some here will know best, but I would be willing to bet that with the arrearages growing their is a "no pay coming for Christmas, maybe as a New Years present.
The lack of action by the LL is gong to cost the LL a good bit of $ in Court.
My limited NJ experience in this area has told me that a Court might just make the LL eat it as they have let it go this long, was likely Ok with it as the remedy to an intolerable situation [partial rent] is readily available. --173.54.xx.xx |
Partial rent (by Robert,Ontario,Can [ON]) Posted on: Nov 26, 2015 4:30 PM
Message:
With arrears it only gets worse where finally the deposit is zero then the arrears continues to become a larger amount. Start the eviction to mitigate losses now or one will end up with six months of arrears. The tenant should pay the rent in full or look for somewhere where the rent is lower. When it comes to repairs or maintenance there is a zero tolerance here. So there needs to be a zero tolerance with arrears as well. Next the tenant will start calling the building inspector to find violations to extend the eviction for as long as possible. Consider joining a landlords association to get some advise. Either go into this site to find a landlords association or google to find one near the rentals. --74.220.xxx.xx |
Partial rent (by melinda [MD]) Posted on: Nov 26, 2015 8:28 PM
Message:
one of our residents did the partial payment thing this month. He paid half of the rent. Always says his wife handles the bills. (good cop/bad cop routine). He is one who is quick to call to ask for an electrician to come out and do small jobs and the pest control guy to spray. Odd how after 4 days he has not returned my call asking for clarification of this partial payment. Court filing on him next week. --24.233.xxx.xx |
Partial rent (by BRAD 20,000 [IN]) Posted on: Nov 26, 2015 10:05 PM
Message:
JF,
Straight? You don't have a resident problem you have manager problem.
We get what we allow. You allowed this.
GOOD NEWS: it's an easy fix!
The forfeited talk is bluffing, except that your STANDARD PRACTICE (allowing unpaid rent) could possibly be used as a defense if this goes to court.
Interupt that standard practice and establish your position by:
They did not pay THE RENT, they paid TOWARD THEIR ACCOUNT.
1. Change your accounting to a simple 3 columns of DUE, PAID, BALANCE.
1/1/2015 Rent due $800
1/2/2015 Payment $500, Balance $300.
My lease is clear: unpaid balance is considered unpaid rent and grounds for eviction.
2. Today: write letter stating their unpaid balance with a 3 day deadline to Pay to Stay or leave.
--76.190.xxx.x |
Partial rent (by BRAD 20,000 [IN]) Posted on: Nov 26, 2015 10:06 PM
Message:
JF,
Straight? You don't have a resident problem you have manager problem.
We get what we allow. You allowed this.
GOOD NEWS: it's an easy fix!
The forfeited talk is bluffing, except that your STANDARD PRACTICE (allowing unpaid rent) could possibly be used as a defense if this goes to court.
Interupt that standard practice and establish your position by:
They did not pay THE RENT, they paid TOWARD THEIR ACCOUNT.
1. Change your accounting to a simple 3 columns of DUE, PAID, BALANCE.
1/1/2015 Rent due $800
1/2/2015 Payment $500, Balance $300.
My lease is clear: unpaid balance is considered unpaid rent and grounds for eviction.
2. Today: write letter stating their unpaid balance with a 3 day deadline to Pay to Stay or leave.
This will work. You must not be timid. Stay in control.
BRAD --76.190.xxx.x |
Partial rent (by Vee [OH]) Posted on: Nov 27, 2015 8:06 AM
Message:
In my area partial means paid, however your mailing out a rent bill with acknowledged receipt and that is exactly what our court wants to see - a rent bill for the next cycle with the remainder added from last month, the money is due however my state law says we are not allowed to access the deposit until the unit is turned over by tenant voluntarily exiting or court ordered - this means eviction, so the way to evict would be unpaid rent when the amount paid is used up in late fees and old rent as receipted, get your court papers in order and you can always decline the payment by returning using a receipt but you must get it back before you file, as Brad said you get what you allow and you are in the whirlpool now - also to consider is damages (inspect the unit quickly) and wintertime chance of frozen stuff or you pay heating at modest temp - this is a choice only you know what the next move will be. --76.188.xxx.xxx |
Partial rent (by Emily [TX]) Posted on: Nov 27, 2015 8:36 AM
Message:
Our lease states that monies received are applied first to previous rent and/or fees if due and then to current rent. So if they are short once and pay in full later, the reality is they are consistently short and late and we continue to charge late fees. However this is in TX so I can't speak to what NJ would have to say about it. --71.97.xx.xxx |
Partial rent (by JF [NJ]) Posted on: Nov 27, 2015 8:47 AM
Message:
Thanks everyone for your comments. I'm sorry if my scenario wasn't clear, but I don't need to evict because the tenant is leaving on her own. BTW she gave a 10 day notice rather than 30 days but I won't argue that as long as she leaves. My concern is whether I can deduct this unpaid rent and not open myself for a complaint alleging wrongful withholding of the security deposit. If she was right that in NJ I forfeited the rent then I would have to give her twice the withheld amount. Sounds ironic doesn't it?? --24.45.xxx.xxx |
Partial rent (by Nicole [PA]) Posted on: Nov 27, 2015 12:27 PM
Message:
I go buy a new car and finance $20,000. I make one payment of $500 and write on the memo line "paid in full". Naturally checks are processed by machines and no human sees that memo line ... do I still owe the balance of the loan? Of course. --74.110.xxx.xxx |
Partial rent (by Sharon [TX]) Posted on: Nov 28, 2015 10:57 AM
Message:
Our lease has several clauses to cover this
1. Partial mo payment not acceptable, unpaid will continue to accrue late fees, unless prior written agreement. Only partial is prorated FIRST mo. If they move out mid mo, they are still responsible for entire mo.
2. Outstanding rent, late fees, other charges... will be deducted FIRST from following mo, before current rent. If this causes current rent to be short, current mo will continue to accrue late fees until paid in full. Again, arrangements can be made for adjustment with a prior WRITTEN agreement.
3. Just because I let something slide once, (or more) does NOT obligate me to continue to let it slide. I reserve LL privilege to enforce the lease as written.
Language is different, but that's the nutshell. Recommend you Modify your lease as soon as you can --66.196.x.xxx |
Partial rent (by Robert J [CA]) Posted on: Nov 28, 2015 12:16 PM
Message:
Once in a blue moon when a tenant can't pay their full rent due to a family emergency or loss of a job -- with permission from the landlord I allow a tenant to make a partial payment with the promise to catch up by the end of the month.
If I've received half the rent by the 10th of the month and the tenant had made a good faith effort to catch up, I will work with them.
If tenants refuse to give good reason and some type of payments, I will hand out a "notice to pay rent or quit" and start an eviction if no funds are received over a 15 day period. Never allow a tenant to go without paying something towards that months rent. An eviction is an easy way to end a tenancy and regain control of your property. --173.55.xxx.xx |
Partial rent (by Kate [NJ]) Posted on: Nov 30, 2015 10:48 AM
Message:
In NJ I do the accounting (which works in court) with columns as Brad said: DATE DUE, DATE PAID, BALANCE Partial payments might void an eviction or lock out if money is accepted between the default judgment and lock out date.
But unpaid rent is due even after years of partial payments. Just add it up and... FILE FOR EVICTION IMMEDIATELY Do not trust that a tenant will leave when s/he says s/he will. Good luck! --50.182.xx.xxx |
Partial rent (by JF [NJ]) Posted on: Dec 14, 2015 11:37 AM
Message:
Again, thanks all for your input. I did find a specific answer. Basically, in NJ there has to be consideration to support reducing the rent already stated in a written agreement. Consideration could be anything that the tenant wasn't legally bound to do or give. No consideration = cashed checks for partial rent are not a defense to recover the unpaid rent. Further, if the landlord notifies the tenant in writing that he's not waiving the unpaid rent, then the landlord has protected the record if this goes to court. The relevant NJ cases are: Von Alberti v Bierman, 117 NJL 431 (1937), Haynes Auto Repair v Wheels, 115 NJL 447, and Bhar Realty Corp. v Becker, 49 NJ Super 585 (1958). Hope this helps anyone who might face the same situation! --143.85.x.xx |
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