Tenants fall behind on rent. This is an inherent reality of property management. As the arrearages add up and filing for eviction becomes the next step, it is important to understand the pitfalls of accepting partial rent payments. If the lease or subsequent written agreement does not contain certain statutory language, the landlord may waive its right to an eviction by accepting partial rent payments.
Minnesota statutes require that the landlord and tenant agree in the lease or subsequent writing that acceptance of partial rent payment does not waive the landlord’s action to recover possession of the premises for nonpayment of rent.
In practice every landlord should to be sure its leases protects its right to an eviction for nonpayment of rent, regardless of accepting partial rent payments. Consult with an experienced landlord/tenant attorney today for a comprehensive lease review.