Receiving September rent after constable deliver's notice to quit

Boston, Massachusetts
General Landlording & Rental Properties
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Receiving September rent after constable deliver's notice to quit

Andrew Reis
Rental Property Investor · Boston MA · Member since 2020 · 48 posts · 20 votes

Hello - I want to make sure I am doing this correct. I have a tenant at will, no written lease in MA. They have a security deposit with me but no last month's rent.  I gave the tenant a notice of non-renewal in August. Today, a 30 day notice to quit was served by the constable, with a deadline of November 1st. The tenant dropped off a rent check for September in my mailbox. Can I accept September rent?

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
4y

If you were evicting, you would not want to accept partial payment.  That usually voids the eviction proceedings.

I'm not sure why you served a notice to quit.  At least in the jurisdictions I am familiar with, that is not required unless you have some sort of lease violation, including non-payment of rent.

That aside, since you are non-renewing with a tenancy through the end of October, a good resident will and should pay September and October rent.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    4y

    If you were evicting, you would not want to accept partial payment.  That usually voids the eviction proceedings.

    I'm not sure why you served a notice to quit.  At least in the jurisdictions I am familiar with, that is not required unless you have some sort of lease violation, including non-payment of rent.

    That aside, since you are non-renewing with a tenancy through the end of October, a good resident will and should pay September and October rent.

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  • Tony Molina
    Investor · MA · Member since 2021 · 11 posts · 5 votes
    4y

    we had a similar situation but with a tenant on a lease who we were evicting.  Our lawyer had us write something on the check to the effect that we were accepting the payment unrelated to the eviction.  I would recommend getting a real estate lawyer.  You will need the for any purchase and sale and the good ones will give you good and necessary advice on issues like this without draining your pocket

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    4y

    @Andrew Reis I think some of us may have differ verbiage in our state to what you may be referring; is she under eviction or is this a pay or quit notice?

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  • Andrew Reis
    OP
    Rental Property Investor · Boston MA · Member since 2020 · 48 posts · 20 votes
    4y

    Sorry, let me clarify; I closed on the property August 16th, and inherited the tenant. I delivered non renewal letter on August 17th for September 30th deadline, basically explaining September was last month. Now I have delivered a 30 day notice to quit for October, because they have not yet moved out. The summons (eviction) process would start November 1st. Does this clarify the situation?

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Andrew Reis:

    Sorry, let me clarify; I closed on the property August 16th, and inherited the tenant. I delivered non renewal letter on August 17th for September 30th deadline, basically explaining September was last month. Now I have delivered a 30 day notice to quit for October, because they have not yet moved out. The summons (eviction) process would start November 1st. Does this clarify the situation?


     Do not accept the rent. If you accept it, you are accepting them as a legal resident and may upset the process. Tell them you won't accept it and they need to vacate or they will be forced out.

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  • Andrew Reis
    OP
    Rental Property Investor · Boston MA · Member since 2020 · 48 posts · 20 votes
    4y

    Thank you for everyone's input. Very helpful. 

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