Accepting partial rent????

[Ed L.]

Hi All,

I have two tenants that have been with me for just over a year now.  Their lease is officially expired and they are going month to month.  They are nice enough fellas, but they are habitually late every month.  Out of 20 tenants I spend 90% of my time every month hassling these two guys.  Back in December they got behind by two months.  I agreed to waive the late fees just prior to Christmas to help them out.  

They were late in January.

I started clamping down in February and served them with an eviction notice in February.  They paid within the 3 days.  All along they keep explaining how one of the tenants has his share but the other is always behind.  I was advised not to accept partial payment and therefore do not accept any payment till the full amount is paid.

The tenant that's always behind asked if I would be willing to accept his half of the rent for the next 4 months when he receives his tax refund.  Something about inability to manage his funds.  

My attorney said I might could draft some form of agreement stating that I'm accepting x,xxx.00 from Bob for his half of the rent and Billy is responsible for the other half.  I mentioned my attorney said we could do something of the sorts and they both seem overly eager to do such a thing which raises red flags also.  

Just a PITA dealing with these guys.  Curious what others would do in a situation like this.