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FAQ: Can a landlord accept rent and file to evict for nonpayment?

Authored By: Georgia Legal Services Program® LSC Funded

FAQ: Can a landlord accept rent and file to evict for nonpayment?

My tenant’s rent was due on the 5th of the month and it was not paid. I want to file legal action to evict my tenant for failure to pay rent but I have not yet filed legal action. On the 15th the tenant offered me the rent and the late charges. Can I take the rent and file to evict for nonpayment?

No. The rent must be unpaid when the dispossessory action for nonpayment is filed with the court. The acceptance of late rent, even the acceptance of partial rent, will prevent the landlord from being able to evict a tenant for nonpayment.

Last Review and Update: Sep 27, 2011