Can my management refuse partial rent payments?

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Can my management refuse partial rent payments?

I’m moving out a month early. I told my management company I would make payments for the remaining month of my lease. They say I have to pay it all at once or else they will classify it as an eviction and take me to court. Can they do that? I have no problem paying just not all at once. I need some money to move.

Asked on January 13, 2012 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well, yes they can do that but would it actually work given the time line and pay for them?  No, it would not.  Now listen: under the terms of the lease you are required to pay on the first of the month, correct? I am not telling you not to pay on the first but if you missed paying on the first you have to be served with a 30 day notice to pay before you can be evicted. Once the notice is served and you do not comply - but you will before the end of the 30 days most likely - they would have to serve you with an eviction petition. And then the court date would be way after that and you would already have paid so your defense would be that you paid and it is likely that the court would dismiss.  I would just worry if there were fees or penalties listed in the lease for which you would be liable.  So take this info and speak with the landlord - by pass the management as they seem to be just a pain in the neck - and let him or her know what you wish to do, what the management company said and how it will end up costing him or her money in the end for no reason.  Even see if you could sweeten the deal by letting them come in a few days early to paint, etc., to get it ready to relet.  Good luck.


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