All Forum Posts by: Steve Smith

Thank you, Karen.  Very helpful...

Thank you, Jacob, good to know Kansas laws...

Thank you, Kyle for sharing your thoughts;  this is extremely helpful in planning. I have printed a copy of your response in the tenant's file.   A candle is not diminished by giving another candle light...Once again, many thanks for taking the time and sharing your knowledge and wisdom.

Fellow BP Colleagues,

Requesting your thought provoking guidance on the following hypothetical situation in California:

• The tenancy is month to month and per the signed agreement, the tenant must deposit monthly rent in the Landlord's bank account.
• Tenant did not deposit the monthly rent and the landlord starts the eviction process.
• Tenant decides to deposit partial rent into Landlord's bank account and tries to circumvent the eviction.

What I have read, once the Landlord accepts the partial rent, the eviction process cannot move forward.

How does one define "acceptance" of partial direct deposit to Landlord's bank account when Landlord does not want to accept the partial payment and wants to proceed with eviction? Of course, the bank will accept the deposit from the tenant. And, of course, the landlord can close the account as the eviction process takes its journey

What are the proven and effective ways to convince court of law that Landlord did not accept the payment. One option is to showcase the letter refusing to accept the partial payment, with the copy enclosed the partial rent check, which was sent back via USPS mail with certificate of delivery to the tenant? 

Are there any prudent ways to not accept the partial deposit with direct deposit to the bank? Requesting a tenant to direct deposit a failed strategy at the cost of convenience?