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FAQ: My tenant gave me a check for part of the rent. Should I cash the check?

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FAQ: My tenant gave me a check for part of the rent. Should I cash the check?

My tenant and I disagree over the amount of rent due this month. The tenant gave me a check for part of the rent. Should I cash the check?

If the landlord accepts partial rent he cannot then seek to dispossess or evict the tenant for failure to pay the monthly rent. If the tenant fails to pay the remaining amount of rent due, the landlord would have to sue the tenant for payment but could not dispossess or evict the tenant for nonpayment. A landlord's acceptance of a tenant's check for less than the full rental amount, does not release the tenant from having to pay the disputed amount.

Last Review and Update: Sep 27, 2011