Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Is the tenant under a fixed term lease or are they month to month?
Does your lease direct them to pay the rent by direct deposit?
Ok, then you can just give her a written 30 day notice to change the method of payment. And even if you didn't, depositing money in your account doesn't mean that you legally "accept" it. If you filed to evict for nonpayment, and the tenant deposited the money too late, you can just reject it and return it to them and continue on with the eviction. You have to actually accept it by keeping it in order for it to count.
If they could just deposit it and end the eviction, every tenant would just wait until the day before court and deposit it..
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...