Articles — partial payments

Lessons from Eviction Court: New Thoughts on Partial Payments

Posted by Stephen Marshall on

Lessons from Eviction Court: New Thoughts on Partial Payments

Last January, I published an article, linked here, on dealing with partial payments of rent from tenants. The issue of partial payments is largely governed by KRS 383.675 in URLTA areas. KRS 383.675 reads as follows: Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.  Three Options for Handling Partial Payments In my earlier article I described the three options...

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Lessons from Eviction Court: Dealing with Partial Payments

Posted by Stephen Marshall on

Lessons from Eviction Court: Dealing with Partial Payments

If you’ve read many of my articles on evictions, you know my mantra: Details Matter. A simple miscalculation can easily lead to an eviction case being dismissed, and I see it happen almost every time that I go to court. In eviction cases, sequencing is everything. Here’s the proper sequence in a non-payment of rent case: tenant fails to pay → landlord gives notice → tenant fails to pay → notice expires → landlord files eviction But what happens to our sequence when the tenant wants to make a partial payment? Three Options for Partial Payments In that scenario, the...

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