Can a lanlord put language in a lease that accepting partial rentpayments does not act as a waiver for them to pursue an eviction, etc?

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Can a lanlord put language in a lease that accepting partial rentpayments does not act as a waiver for them to pursue an eviction, etc?

I have a renter that is 3 months behind on their rent. I have would like to add the following to my new leases in the future (non-waiver language). “Acceptance of a partial rent payment shall not constitute a waiver of any of Landlord’s rights available under this Lease or at law or equity, including, without limitation, the right to recover possession of the Premises”. I also have (SC Code: 27-40-710) in bold in the lease so I do not have to send notice, as the lease is their notice. Would this be OK in SC?

Asked on August 11, 2011 South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, a landlord can legally place language in a written lease that acceptance of a partial payment by the landlord for rent by a tenant does not prevent the landlord from pursuing any and all legal remedies available if the balance of the rent owed is not paid within a reasonable time period.

These provisons are quite common in reidential leases and are designed to prevent the tenant from claiming that the landlord has "waived" any breach by the tenant for paying rent late.

As far as what you have written in your lease with specific recitation to provisions of the applicable law of your state on the subject, it appears that you are in good shape to accept a partial payment of late rent from your tenant, but still have all remedies of evicting the tenant should you desire.

Good luck.


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