I accepted partial rent… - Posted by Ben (FL)
Posted by Ben (FL) on April 24, 2002 at 09:29:04:
First, let me just say, I know I should’ve done this or that already. I know. I should never have rented to this guy, I should’ve evicted right away…yes, I messed up. That’s in the past and I’m trying to get rid of this guy as quickly as possible now.
For a number of reasons, I messed up with my intial screening (this guy actually spent time in jail for writing bad checks…his first two to me bounced-of course it was not his fault. Now I make him pay me with certified funds) and I have a tenant in a lease/option who is one of those people who the world owes everything. He’s been evicted multiple times frorm other places (he says also not his fault - the other landlord’s had personal problems with him).
Well he had not paid on time again this month. Since he failed to pay his option consideration in the 3 installments through December and January that he agreed to (I know, never again), I told him his option was either void or he would pay $100 per month as additional rent until it was paid. He said “ok.” So on my 3-day noticec I put the amount of the rent on the lease plus $100. Well, of course he filed a motion for a hearing to determine rent. My wife knows the judge, and knows he is an A #1 _ _ _ hole, and that I would get creamed if I went to the hearing. I called and spoke to the guys live-in girlfiend who does not want to get evicted. She made all kinds of promises about when I would get paid when he gets his paycheck yada yada yada, and she had $360 on her right then.
I went to the courthouse, cancelled the eviction, went to get the $360, and left a new 3-day notice. Since late fees had accrued, I took the late fees out of the $360, and what was left I accepted as partial rent payment. Then I left a new 3-day notice for the amount of rent left, based on the exact amount stated on the lease.
My questions: Have I left anything out? Can I evict for the non-payment of remaining rent, after accecpting partial payment?