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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28318
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I am a landlord who gave my tenant a 3Day notice and

Customer Question

I am a landlord who gave my tenant a 3Day notice and then cashed a check they gave me three days after.
I filed papers with the court and we have a court date. My question is, do I need to start over with a three day notice because I accepted a payment from them?
The payment was for back rent not the current month they owe me rent since Feb. Thank you.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Good morning. I certainly understand the situation and your concern. Yes, you would need to give them a new notice. The reason why I say this is because the previous notice you gave included those missed payments/months when rent was due. If you now accepted a past due rent payment, it would now change the time frame and the amount do, which they need to cure. Once a 3 day notice is given to a tenant, a landlord should not accept any payment since it could result in having to restart the matter. If you proceed to court and the tenant advises that they made a payment and you accepted it, then court may dismiss the case. Moreover, the allegations in the complaint would need to be changed, since the amount owed and missed month have changed.
Customer: replied 2 years ago.
I am in Ohio.
Expert:  RealEstateAnswer replied 2 years ago.
Are you still with me?