QUESTION
What can I do if I paid $300 on rent instead of $400 but the landlord accepted $300 for rent for that month?
Asked on Jul 08th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
I am disabled and on a fixed income. I'm trying to fix my car it's my legs, so I couldn't pay the whole rent. The landlord accepted what I paid him, so I figured it's a done deal the rent is paid. Now he wants me to pay the back pay (the rest of that month’s rent) do I have to pay?
6 ANSWERS
Real Estate Litigation Attorney serving Encino, CA
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Carlson & Cohen, LLP
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Generally in a residential tenancy, if a landlord accepts a partial payment of rent from the tenant, the landlord waives collection of the remaining amount. However, this will not prevent a landlord from serving you with a Three-Day Notice to Pay or Quit demanding the remaining amount, or from filing a Complaint for Unlawful Detainer against you! But, you will have the defense of waiver of collection of the full amount of rent by accepting partial payment.
Answered on Jul 24th, 2014 at 4:42 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If you do not pay the entire rent you can be evicted. You must pay the rest of the rent.
Answered on Jul 09th, 2014 at 4:32 PM
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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Although your landlord accepted a partial payment, that does not relieve you from paying the full amount you agreed to pay. Acceptance of the partial payment prevents the landlord from evicting you on the basis of not paying rent, however, the landlord could still evict you for not complying with a lease provision, which would be not paying the full amount due, in this case. That would require the landlord to serve you with a 10-day notice to comply or vacate first, however. Also, double check your lease to see if late fees apply and if they continue to accrue until paid in full or if there is simply a one-time late charge. It might be helpful to have an attorney review your lease with you.
Answered on Jul 09th, 2014 at 1:25 PM
Unless he directly stated that he would accept $300 as being the full month's rent payment instead of $400, you owe the additional $100. He probably was just accepted what you had so that he would get something. You have a contract, at least verbal, to pay $400 a month and unless he clearly states that he is not holding you to that contract you have to abide by it.
Answered on Jul 09th, 2014 at 12:38 PM
Real Property Law Attorney serving Owosso, MI
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Moorhead & Moorhead PLLC
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Yes. You agreed to pay rent of $400.00. The mere fact that the landlord took your $300.00 doesn't change your agreement. Only if the landlord agreed (usually in writing) to reduce the rent for that month to $300.00 would your rent be current.
Answered on Jul 09th, 2014 at 12:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you will have to pay the rest of the rent or you are in default of your lease/rental agreement
Answered on Jul 09th, 2014 at 12:34 PM