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Updated almost 2 years ago,

User Stats

1,250
Posts
214
Votes
Mary Jay
  • Glendale, AZ
214
Votes |
1,250
Posts

Partial payments-eviction. Help please!

Mary Jay
  • Glendale, AZ
Posted

I need to evict  a tenant  and this tenant is paying the first part of the rent through zelle, and the second part  of the rent by a check (because she has a limit on zelle.)

Her zelle pmt for the month of February went through but her check bounced. So she paid partially for the month of February.

She wrote me checks for her second portions of the rent all the way through July.

She is on a month to month lease so I sent her a notice of the lease non renewal yesterday.

My attorneys paralegal is saying that I need to accept the second portion of the rent if its done in february. But if she pays her second portion  for february in march then I have to refuse it because it wont be the full payment.

Then the paralegal  said that since Ive accepted those checks from the tenant all the way through July Ive accepted the payments.

I asked the paralegal if I can return those checks because I sent the notice of lease non renewal,  but she said she does not know and will have to set up the meeting with an attroney. Thats fine, but he is busy and will be able to talk to me in two weeks. Meanwhile, I wanted to ask your guys opinion on it.

I know the state laws might differ but usually it gives a general idea, plus people on this forum are super smart.

Question:

1) If I am not renewing the lease do I return the checks to the tenant?

2) If I need to return the checks do I keep the March check and try to cash it because her last day according to the lease non renewal notice is March 31 of 2023

Thank you so much!

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