[NY] Should I accept partial payments from a tenant after giving them a 14-day notice to pay or quit?
I have a tenant that was served a 14 day notice. Am I able to accept partial payments? Or do the payments have to be in full?
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Unfortunately, the answer is no. Once you serve a 14-day rent demand notice (the required notice before filing a nonpayment eviction under RPAPL § 711(2)), accepting partial rent can create a significant risk that you will waive (give up) your right to proceed with the eviction.
In other words, this leaves room for your tenant to argue that you have waived the right to seek recovery of full rent plus possession of the premises. Given how tenant-friendly NY is, it is highly suggested that you not accept partial payments.
Please let me know if this answers your question. I am happy to clarify anything you need clarified.
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Written Demand for Payment of Past Due Rent (New York)
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I have a tenant that was served a 14 day notice. Am I able to accept partial payments? Or do the payments have to be in full?
Seth
Hi there! My name is Seth, and I am a licensed attorney. Excellent question! What state is this happening in?
New York
Seth
Unfortunately, the answer is no. Once you serve a 14-day rent demand notice (the required notice before filing a nonpayment eviction under RPAPL § 711(2)), accepting partial rent can create a significant risk that you will waive (give up) your right to proceed with the eviction.
In other words, this leaves room for your tenant to argue that you have waived the right to seek recovery of full rent plus possession of the premises. Given how tenant-friendly NY is, it is highly suggested that you not accept partial payments.
Please let me know if this answers your question. I am happy to clarify anything you need clarified.
Okay. Now she sends money through Zelle. There is no way to reject a Zelle payment. Do I send it back?
Seth
Yes, I would send it back. You can also contact your bank and see if you can put a block on her Zelle.
Seth
Does that answer your question today?
Ok great, thank you.
Seth
Thank you for using AskaLawyer. It has been a pleasure being able to assist you.
Seth
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