I accepted partial rent.... - Posted by Ben (FL)

Posted by LIsa in VA on April 25, 2002 at 08:55:02:


Can you tell me more about this Use and Occupancy thing. Do you use this phrase for all receipts and/or ‘rental’ agreements?

Is thier a legal difference to Use and Occupancy vs. Rental/lease?


I accepted partial rent… - Posted by Ben (FL)

Posted by Ben (FL) on April 24, 2002 at 09:29:04:

First, let me just say, I know I should’ve done this or that already. I know. I should never have rented to this guy, I should’ve evicted right away…yes, I messed up. That’s in the past and I’m trying to get rid of this guy as quickly as possible now.

For a number of reasons, I messed up with my intial screening (this guy actually spent time in jail for writing bad checks…his first two to me bounced-of course it was not his fault. Now I make him pay me with certified funds) and I have a tenant in a lease/option who is one of those people who the world owes everything. He’s been evicted multiple times frorm other places (he says also not his fault - the other landlord’s had personal problems with him).

Well he had not paid on time again this month. Since he failed to pay his option consideration in the 3 installments through December and January that he agreed to (I know, never again), I told him his option was either void or he would pay $100 per month as additional rent until it was paid. He said “ok.” So on my 3-day noticec I put the amount of the rent on the lease plus $100. Well, of course he filed a motion for a hearing to determine rent. My wife knows the judge, and knows he is an A #1 _ _ _ hole, and that I would get creamed if I went to the hearing. I called and spoke to the guys live-in girlfiend who does not want to get evicted. She made all kinds of promises about when I would get paid when he gets his paycheck yada yada yada, and she had $360 on her right then.

I went to the courthouse, cancelled the eviction, went to get the $360, and left a new 3-day notice. Since late fees had accrued, I took the late fees out of the $360, and what was left I accepted as partial rent payment. Then I left a new 3-day notice for the amount of rent left, based on the exact amount stated on the lease.

My questions: Have I left anything out? Can I evict for the non-payment of remaining rent, after accecpting partial payment?

Re: And who is in charge? (NT) - Posted by Ed Copp (OH)

Posted by Ed Copp (OH) on April 24, 2002 at 14:46:45:


Re: I accepted partial rent… - Posted by Dan Stra

Posted by Dan Stra on April 24, 2002 at 12:24:03:

In CT it depends on what you put on the receipt. If “use and occupancy” is on the receipt then they have not paid the rent.

If “rent” is on the receipt you may be in trouble.

My advice to you, at this point, is to get a lawyer and watch what he does. There are ways to avoid these mistakes but they usually involve seeing how it is done or learning from others.