Can partial payments reset the eviction clock?

When rent is overdue, the eviction process begins. If a tenant makes a partial payment, does this reset the timeline and extend their stay?

The landlord may start the eviction process as soon as the tenant falls behind on rent. The landlord must first serve a notice, typically a 7-day demand for nonpayment of rent. If the tenant does not pay the full amount within this period, the landlord can file for eviction in court.

Partial payments can complicate the eviction timeline

When a tenant makes a partial payment, it often indicates an effort to fulfill their financial obligations. Still, does this action reset the clock for eviction proceedings? Here are key points to consider:

• Acceptance of partial payment: If a landlord accepts a partial payment, it may imply a willingness to work with the tenant. This can delay the eviction process.
• Written agreement: If the landlord and tenant have a written agreement about partial payments, this can influence the eviction timeline. The agreement should state whether the eviction process will pause.
• Court decisions: Courts may interpret partial payments differently. Some judges see the acceptance of partial payments as a reset, while others do not.
• Habitual late payments: Michigan law allows landlords to refuse partial payments if there is a late or incomplete rent pattern.

Accepting partial payments can be risky for landlords. It could delay the eviction process and waive the right to evict for the unpaid balance. On the other hand, the court could see refusing partial payments as unreasonable.

Tenants should understand that making partial payments does not guarantee protection against eviction. While it may buy some time, it does not eliminate the obligation to pay the full rent amount.

Secure legal help when in doubt

If you are contending with eviction issues, obtaining legal guidance is often the most effective approach in solving your legal challenges. Your attorney can offer the most up-to-date and accurate advice on landlord-tenant problems.