Civil Litigation: Landlord Tenant Accepting Payment After Notice of Eviction - Tressler & Associates, PLLC
[email protected]

212 N. Castle Heights Ave | Lebanon, TN or 2323 21st Ave South STE 506 | Nashville, TN

Civil Litigation: Landlord Tenant Accepting Payment After Notice of Eviction
Civil Litigation: Landlord Tenant Accepting Payment After Notice of Eviction

Civil Litigation: Landlord Tenant Accepting Payment After Notice of Eviction

The legal arena surrounding residential landlord tenant law can be like a mine field at times.  One particular trap that many landlords find themselves in, involves a situation where a tenant has failed to pay their rent.  In response, the landlord sends an eviction letter and eventually files a detainer suit on the matter to evict the tenant from the property.  Sometime between the eviction letter and the court date, the tenant makes a payment to the landlord for rent.

This payment many times is minor in relation to what they owe in arrearages and sometimes it is not even a full month’s rent.  The landlord is happy to get some money out of the tenant, so, they accept it and continue on with their eviction.  On their court date they learn that the judge is dismissing their case for accepting the payment.  The landlord pleads with the judge that the money they accepted was only a small part of what they are owed but it does no good and the judge dismisses their case anyway.

The dismissal is the result of the legal doctrine called waiver.  Waiver is a concept where the landlord surrenders a legal right to proceed with the eviction by accepting a portion of the rent.  This doctrine is established by case law and in some counties by statute.  In counties that are controlled by the Uniform Residential Landlord & Tenant Act the doctrine is codified in TCA 66-28-508 which states “If the landlord accepts rent without reservation and with knowledge of a tenant default, the landlord by such acceptance condones the default and thereby waives such landlord’s right and is estopped from terminating the rental agreement as to that breach”.

Once the judge has dismissed the landlord’s lawsuit, the landlord must start all over again in the eviction process.  Having to start all over can of course be a very costly and time consuming process that should always be avoided.  This is only one of the many predicaments that a landlord can find himself in, regardless of his best intentions.  That is why it is so important to hire an attorney well versed in landlord tenant issues early in the eviction and collection process.

To learn more about how we can assist you in a Civil Litigation issue Contact Us Here or Call Us 615.444.2345

RELATED NEWS

commercial real estate
What Makes a Property a Commercial Real Estate Property?

What Makes a Property a Commercial Real Estate Property?

June 30, 2022 | Real Estate Law | Blog

Commercial real estate property can seem simple from the outset. It’s a piece of property you use to run a…

Continue reading
copyright law
Why Should You Care About Copyright Law?

Why Should You Care About Copyright Law?

June 16, 2022 | Business Law | Blog

You have the right to copyright your work if your business produces content of any kind. That’s not hyperbole, if…

Continue reading

GET IN TOUCH

If you are in need of legal services, our team of experienced attorneys is here to help! If you need a lawyer now or are just in need of general counsel, we are happy to discuss your needs with you.

This field is for validation purposes and should be left unchanged.