If I was recently served with an eviction hearing notice, what about partial payments?

UPDATED: Jul 11, 2012

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If I was recently served with an eviction hearing notice, what about partial payments?

I live with 3 other roommates, 1 of which has been delinquent in rent in the past though we have settled those payments. For last month we sent in payment but received notice that there was a balance of $295. We believed he had settled this. Now we have sent in our rent for this month. As we have been served with a hearing notice it appears our delinquent roommate did not handle the balance as he had stated. If our landlord has accepted our this month’s rent payment can the eviction move forward?

Asked on July 11, 2012 under Real Estate Law, South Carolina


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

Answered 10 years ago | Contributor

Generally speaking accepting rent after an eviction has begun can make the proceeding null and void.  But one would need to review the paperwork here.  Have you been served with a summary proceeding for eviction?  Please get help.  You may have a defense here.  Good luck.


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