If I accept partial payment of delinquent rent from tenants will it void the eviction?’

UPDATED: Sep 30, 2022

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If I accept partial payment of delinquent rent from tenants will it void the eviction?’

I have served my tenants with an eviction notice. They want to send us
partial payment less than half. If I accept this payment will it
void the eviction?

Asked on September 13, 2016 under Real Estate Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, partial payment of rent after the eviction notice but before the return or hearing dates does not void the eviction. Obviously, it reduces how much the tenant would have to pay by or before the hearing date to avoid eviction (e.g. the tenant paid half now, they only have to pay the other half to avoid the lock-out), but until and unless the rent is paid in full, you may proceed.

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