Legal Question in Landlord & Tenant Law in California
Past Due Rent Waived|?
Had a renter in a property I own. The renter got behind and bounced checks. I accepted bank drafts the next month to make up for the bounced checks and my question is, have I waived the rents and or lates fees by accepting partial payments. Help
Asked on 12/21/05, 6:19 pm
1 Answer from Attorneys
JOHN GUERRINI
THE GUERRINI LAW FIRM - COLLECTION LAWYERS
Re: Past Due Rent Waived|?
It depends upon what the terms of the written lease provide.
If there is no written lease, then it will depend upon the terms of whatever oral agreement you and the tenant had.
Typically, a written lease will cover this situation and preclude a waiver.
Answered on 12/21/05, 6:27 pm
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