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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a tenant whose lease was up July 1st 2011. She stated

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I have a tenant whose lease was up July 1st 2011. She stated she did not want to sign another lease and asked if she could go month to month because she wanted to look for a larger place closer to the kids schools so they could walk home & she could work full time. I agreed. Altough she hasn't looked and is still renting, I presented her with a rental increase letter when she paid her November rent stating the increase will take effect wil her Dec. rent. The rent was sent soen last night with her son and the check was for the original amount, no increase. I told him to tell his mom she was $50 short and he did. My question is: Do I have to hold the check & not cash it until she pays the balance, if she pays it. I know if I cash it that's saying I accept the rate & her staying another month. I don't care if she stay but I'd like to know where I stand on the increase. Please help!

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

Because your agreement is month to month, you have a right to increase the rent with 30 days notice. As long as you gave this notice before the next rent was due, it is enforceable.

 

As for cashing the partial payment, you can do so if you send a letter to the tenant stating that you received partial payment for the rent and that you will apply the payment to the amount due and that the additional fee must be remitted immediately.

 

This allows you cash the check under protest and retain your right to seek additional rent due.

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