Eviction - Tenant Sending Money
Hi Everyone -
I have a tenant who is on their second eviction at my property. After filing with the court, the tenant sent me a partial payment via CashApp. During the court case, the judge informed me accepting any money forfeits the eviction.
My question is, if the tenant sends money again during the eviction process, and I immediately send it back, is that considered "not accepting"?
I'm unsure if there's any way around this unless I simply block their CashApp / Zelle. But then they may use that against me in court saying I wasn't allowing them the opportunity to pay. Any help is appreciated!
If cash hits your account, that is often seen as "accepting" a partial payment.
Our system will not allow any resident to make a partial payment. You absolutely should block Zelle for someone who is being evicted and require they provide certified payments in full. We won't even accept credit card payment as that can often be pulled back after payment.
How do you suppose I go about this? Block them on cashapp and zelle? And if in court they state to the judge I didn't give them an opportunity to receive payment? The eviction is for nonpayment of rent
Quote from @AJ Cerbo:
Hi Everyone -
I have a tenant who is on their second eviction at my property. After filing with the court, the tenant sent me a partial payment via CashApp. During the court case, the judge informed me accepting any money forfeits the eviction.
My question is, if the tenant sends money again during the eviction process, and I immediately send it back, is that considered "not accepting"?
I'm unsure if there's any way around this unless I simply block their CashApp / Zelle. But then they may use that against me in court saying I wasn't allowing them the opportunity to pay. Any help is appreciated!
I would consult a real estate attorney. This could get sticky
Yes once in Eviction court, I heard judge state in the similar case. If landlord sends the money back with Check and tracking number, it is considered not accepted.
Quote from @AJ Cerbo:
How do you suppose I go about this? Block them on cashapp and zelle? And if in court they state to the judge I didn't give them an opportunity to receive payment? The eviction is for nonpayment of rent
I would run this scenario by your real estate attorney. They would be the best bet in guiding you.
Quote from @AJ Cerbo:
Accepting any amount of money implies you are willing to accept payments.
Shut down any method of electronic payment. If they mail you anything, return it to the sender.
The only payment you should accept is 100% in full, including late fees and court costs, and it has to be in certified funds (cash, money order, cashier's check). Depending on state law, you may be required to accept a full payment, but it's not always required.
@AJ Cerbo, the pay or quit notice I use specifically states that partial payments are not accepted "except with a WRITTEN payment agreement".
So, if I were to receive a partial payment, I would contact the tenant about refunding it and cite the notices language requiring a WRITTEN agreement to accept payments before taking a partial payment.
I believe that the notice and my subsequent timely communication and refunding of the payment would handle that issue if it came before a judge.
If the rent is deposited into your account then you have accepted payment.
I use apartments.com and zillow to handle payments - they allow you to block payments.
This won't help you this time but in the future your lease should specify how they are allowed to pay rent, specify payment options that give you control over the payment.
AJ, if you are in need of a landlord attorney, I recommend HULL, HOLLIDAY & HOLLIDAY PLC