In your rental property business, you expect your tenants to be able to pay their rent on time fully. But what happens if you receive a partial rent payment from a tenant? Does it impact your ability to go through the eviction process? In short, yes, it can. For more information, here’s a comprehensive guide to help you navigate partial rent payments from tenants. Read below to learn more!

Key Takeaways

What Is a Partial Rent Payment?

man looking at calculator next to coins and toy houseIn our experience as a property services company, we’ve found that partial rent payments happen when a tenant provides an amount that only covers a fraction of the total rent cost. For example, your tenant gives you a partial payment of $1,000 for a $1,7000 monthly rent. Typically, tenants do this to avoid missing out on a rent payment completely.

What to Do When Offered a Partial Rent Payment?

As a landlord, it’s up to you to decide if you will accept partial payments from your tenants. But when you do, it’s critical that you understand what could happen in order to protect yourself and avoid being taken advantage of. So, here’s what we recommend you do when a tenant offers to pay a partial rent payment for the month.

Consequences of Accepting Partial Payment

Knowing how to safely navigate a partial rent payment from a tenant can help you avoid disputes. However, that doesn’t mean that there are no longer risks. As a landlord in Texas, you need to be aware of the potential consequences of accepting a partial rent payment.

You should be warned that accepting partial rent payment after serving a notice to vacate can void the notice. While there’s no TX property code that formally outright says so, courts generally see it as a waiver of your right to proceed with the eviction, and they may dismiss your case. This means you would need to serve a new Notice to Vacate and restart the entire eviction process. In turn, this could lead to delayed court dates, additional costs, and lost time.

eviction noticeAlso, the most critical time to avoid accepting partial payments is after an eviction lawsuit has been filed with the court. While accepting payment after a Notice to Vacate is risky, doing so after a case is filed is almost a guaranteed way for the judge to dismiss the eviction. This will force you to start all over.

Then, there is the matter of rental income and cash flow. Any delay in payment in a rental property business can affect your cash flow. This can be a significant issue if you rely heavily on your monthly rental income to pay for mortgage, taxes, utilities, and more.

Next, there’s the possibility of a domino effect of more and more tenants coming forward to request partial rent payments once they know that you allowed another tenant to do so. Although it’s better than having to deal with no payments at all from them, it still could get out of hand quickly.

Importantly, if you don’t have a consistent, written policy for when you will or won’t accept partial rent payments, you make yourself vulnerable to Fair Housing Act (FHA) violation claims.

In other words, if a tenant claims you accepted or rejected their partial rent payments based on their protected characteristics (their race, color, religion, sex, national origin, familial status, or disability) you may be found to be non-FHA-compliant. So, you need to lay out concrete criteria for accepting or rejecting tenants’ partial rent payments based solely on legitimate, non-discriminatory business reasons, like a tenant’s payment history.

As a side note, Texas law specifies that landlords must give tenants at least three days’ written notice before they start the eviction process. The only exception to this minimum is if your lease enforces a shorter or longer notice period. So, that’s a critical note to keep in mind.

That said, as a critical disclaimer, we must note that this is not legal advice. You should always turn to a legal expert for their definitive say on these matters.

What to Do After Accepting Partial Payment

Given the possible risks of accepting partial payments, landlords need to take steps to protect themselves from lawsuits or liability. With that, here are some practical tips we recommend on what to do after you accept partial rent payment from a tenant:

note on calendar that says, "pay rent"Partner with BMG For Your Property Management Needs

Accepting partial rent payments from a tenant can jeopardize a landlord’s ability to evict them, particularly if done after serving a Notice to Vacate. To mitigate this risk, landlords should have a strong lease agreement with a specific non-waiver clause and a consistent policy for accepting payments. It is crucial to document all communication and transactions to avoid legal disputes and potential Fair Housing Act violations.

Having trouble enforcing payments in your rental property business? No need to look further than Bay Property Management Group. As experienced Austin property managers, we have an established process designed to streamline rent collection and avoid partial, late, and missed payments altogether. Interested? Contact us today to learn more!

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