Can a Landlord Accept Rent Payments After Eviction?
If your landlord accepts rent after starting the eviction process—but before the notice period for a rent demand has ended—then the eviction is automatically canceled.
If your landlord accepts a rent payment in full (including appropriate fees) after they’ve started the eviction process by sending you a rent demand, then it waives their right to continue evicting you—as long as it’s within the pay notice period for your state.
Let’s use Illinois state law as an example. In Illinois, your landlord must provide you with a notice to cure the breach of the lease agreement. This means they are required to give you 10 days to pay the rent owed before proceeding further with the eviction process. If you’re able to pay the late rent, then the breach has been “cured” and the eviction process ends. Similarly, in New York, you have three days to pay late rent. After that it doesn’t matter how much you pay—the eviction continues.
While all states have some version of this pay notice requirement, the amount of notice required can vary—so make sure to figure out what the legal eviction process is in your state.
The information provided on this website does not, and is not intended to, constitute legal advice.