Can a landlord accept rent during an eviction?
Short answer: It depends on the state. In some states, accepting rent after giving a notice, or after filing, can cancel (waive) the eviction unless the landlord follows specific rules; in others it does not.
Landlords: check your state's rule before taking any payment once a notice is out. Tenants: keep proof of every payment you offer, including refused ones.
The rule in every state
Each answer below links to the statute or official page it comes from (51 of 51 jurisdictions verified).
| State | Accepting rent during an eviction |
|---|---|
| Alabama | Yes, by default. If the landlord accepts rent knowing the tenant is in default, or accepts performance that varies from the lease, the landlord waives the right to terminate the lease for that breach, unless the parties agree otherwise after the breach occurs. The Act does not set a separate partial-payment rule. Ala. Code § 35-9A-424 |
| Alaska | After the 7-day notice for unpaid rent runs out, the landlord may refuse late rent and go ahead with the eviction. If the landlord accepts a partial payment after serving a 7-day nonpayment notice, the landlord must either sign a new written agreement with the tenant extending the notice for a set period, or start the notice process over. AS 34.03.220(b); AS 34.03.240 (as cited by the Alaska Department of Law handbook) |
| Arizona | A landlord does not have to accept partial rent. If the landlord accepts a partial payment, the landlord keeps the right to evict only if the tenant agrees in a written agreement, signed at the same time, that sets the terms for continuing the tenancy and the date the balance is due. If the landlord already served the 5-day nonpayment notice, no new notice is needed when the tenant breaks that agreement. A housing-assistance (for example, Section 8) payment does not count as partial rent or as a waiver. Otherwise, accepting rent, or any portion of it, with knowledge of the tenant's default waives the right to terminate for that breach. A.R.S. § 33-1371(A)-(C) |
| Arkansas | No statute found. The Arkansas Residential Landlord-Tenant Act of 2007 does not appear to include the uniform act's 'waiver of landlord's right to terminate' section, and the sections reviewed say nothing about accepting full or partial rent after a notice or during an eviction. The question is left to court decisions, which were not reviewed. Ark. Code Ann. Title 18, Ch. 17 (§§ 18-17-401, -701, -704, -901, -902 reviewed); § 18-60-304 |
| California | If a 3-day notice says the landlord may declare the lease forfeited, that forfeiture is canceled and the lease stays in effect if the tenant cures within 3 days after service, or if the landlord waives the breach after the notice is served. Accepting rent after the notice can be treated as such a waiver. No statute sets a general written-agreement exception for partial payments on residential tenancies. Cal. Code Civ. Proc. § 1161.5 |
| Colorado | No general statute. Colorado's residential landlord-tenant and eviction statutes have no general rule on whether accepting rent after a notice waives the eviction, so the question is left to case law. The only statutory rule is for mobile home parks: accepting rent during the 90-day cure or sale period after a termination notice does not waive the landlord's right to terminate. C.R.S. Title 13, Art. 40 and Title 38, Art. 12 (checked); § 38-12-202 (mobile home parks) |
| Connecticut | Yes. If the landlord accepts rent knowing it is overdue, the landlord waives the right to end the lease for the tenant's failure to pay that rent on time. Court annotations say that merely holding a money order sent after a notice to quit, without endorsing or cashing it, was not acceptance. In court, the landlord may get an order for use-and-occupancy payments while the eviction case is pending. Conn. Gen. Stat. § 47a-19; § 47a-26b |
| Delaware | Delaware requires landlords to take rent rather than treating acceptance as a waiver. A landlord may not refuse rent paid by or on behalf of the tenant, but may limit payment to the methods the lease allows. After a judgment, the landlord may require a certified check or money order. If all rent due is paid before the landlord files, the landlord may not file an eviction for that nonpayment. If all rent due is paid after filing, the landlord may not continue that nonpayment case. Even after a judgment for nonpayment, the tenant may redeem the unit at any time before the eviction is carried out by paying all past-due amounts set by the court, plus court costs and fees. This right does not apply if the tenant already had 2 nonpayment judgments in the prior 18 months. No statute addresses partial payments. 25 Del. C. § 5502(c)-(d); § 5716A(b) |
| District of Columbia | No statute found. D.C.'s eviction statute does not address whether accepting full or partial rent after a notice waives the eviction. It does provide that a tenant cannot be evicted while they keep paying the rent the housing provider is entitled to, even after the lease expires. A nonpayment case cannot be filed for less than $600 owed, and the pre-filing notice tells the tenant they may stay if the full balance is paid. Waiver by accepting rent is a matter of D.C. case law. D.C. Code § 42-3505.01(a)(1), (a-1); § 16-1501(b) |
| Florida | Yes, as a rule. A landlord who accepts rent with actual knowledge of the tenant's noncompliance waives the right to terminate or sue for that noncompliance (but not for later or continuing noncompliance). Accepting the full past-due rent, knowing of the nonpayment, waives the right to evict for that unpaid rent. Accepting PARTIAL rent does not waive, but if partial rent is accepted after the 3-day notice is posted, the landlord must (1) give a receipt showing the date, amount, agreed date and balance due, (2) deposit the partial payment into the court registry when filing, or (3) post a new 3-day notice for the new amount. For government rent subsidies, waiver occurs only if no action is filed within 45 days after the landlord learns of the noncompliance. Fla. Stat. §§ 83.56(5)(a), (c); 83.202 |
| Georgia | No statute on whether accepting rent after a notice waives the eviction — this is left to Georgia case law. The statute instead gives residential tenants a 'tender' defense: within 7 days after being served with a dispossessory summons for nonpayment, the tenant may pay all rent claimed plus the cost of the dispossessory warrant, and that is a complete defense. A landlord must accept this tender only once in any 12-month period. If the landlord wrongly refused the tender, the court orders payment within 3 days or a writ issues. O.C.G.A. § 44-7-52 |
| Hawaii | No, once a case is filed. When a landlord has brought an eviction proceeding (summary possession, ejectment or otherwise), accepting rent during the litigation is not treated as recognizing the tenancy and does not prejudice the landlord's rights. If the eviction succeeds, rent paid is treated as damages for withholding possession. No statute addresses accepting rent after a notice but before filing. HRS § 666-5 |
| Idaho | No statute — Idaho's unlawful detainer and landlord-tenant statutes (Idaho Code Title 6 ch. 3; Title 55 chs. 2-3) do not say whether accepting rent after a notice or during an eviction waives it. That question is left to case law and the lease. The statute does let the tenant (or a subtenant, mortgagee, or other interested person) save the lease from forfeiture by performing or paying within the 3-day notice period for a non-rent lease violation. Idaho Code Title 6, ch. 3 (incl. § 6-303(3)); Title 55, chs. 2-3 |
| Illinois | Partial payment does not invalidate the 5-day notice. Payments of past-due rent that do not add up to the full amount demanded by the end of the notice period leave the notice valid, but only if the notice prominently states: 'Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.' Full payment within the notice period ends the right to terminate under that notice. The landlord may agree in writing to continue the lease in exchange for partial payment. Collecting past-due rent after the eviction suit is filed does not invalidate the suit. 735 ILCS 5/9-209 |
| Indiana | No statute on whether accepting rent after a notice waives the eviction — left to case law. By statute, a landlord may end the lease for unpaid rent on at least 10 days' notice, unless the parties agreed otherwise or the tenant pays the rent IN FULL before the notice period expires. Partial payment does not by statute cure the default. IC 32-31-1-6 |
| Iowa | Yes, as a rule. Under Iowa's URLTA, if the landlord accepts performance from the tenant that varies from the rental agreement or the landlord's rules, the landlord waives the right to terminate for that breach. The landlord may instead grant a temporary waiver for a set number of days by giving the tenant notice of the breach and the temporary waiver (served under § 562A.8) before the tenant relies on it. No Iowa statute specifically addresses partial rent accepted after a 3-day notice or during an eviction. Iowa Code § 562A.30 |
| Kansas | Yes. If the landlord accepts late rent without reservation, or accepts non-rent performance that varies from the rental agreement, the landlord waives the right to terminate the rental agreement for that breach, unless the parties agree otherwise after the breach. Landlords commonly accept payment 'with reservation' (in writing) to keep the right to terminate. K.S.A. 58-2566 |
| Kentucky | Where Kentucky's Uniform Residential Landlord and Tenant Act (URLTA) applies (only in cities or counties that have adopted it): if the landlord accepts rent knowing the tenant is in default, or accepts non-conforming performance, the landlord waives the right to terminate for that breach, unless the parties agree otherwise after the breach. Outside URLTA areas, no statute addresses this; case law governs. KRS 383.675; KRS 383.500 |
| Louisiana | No statute addresses whether accepting rent after a notice to vacate waives the eviction; Louisiana courts decide this under case law. By statute, the tenant may waive the 5-day notice to vacate in advance through a written lease clause, letting the landlord file immediately once the right of occupancy ends. La. C.C.P. art. 4701; C.C. lease articles and C.C.P. arts. 4701-4732 checked |
| Maine | By statute, a termination based on a 30-day notice is NOT affected by the landlord receiving money (back rent or current use and occupancy) until the writ of possession issues. Exception: the tenant isn't subject to eviction without new notice if, after the notice, they paid rent that accrued after the tenancy ended. On a 7-day nonpayment notice, paying the full rent due before the notice expires voids it. Afterward, paying all arrears, current rent and the landlord's filing and service fees before the writ issues reinstates the tenancy. 14 M.R.S. § 6002 (first paragraph; sub-§ 1, unnumbered paragraph after ¶F) |
| Maryland | In tenant-holding-over cases, accepting any payment after notice but before eviction does NOT waive the notice to quit, notice of intent to vacate, or judgment for possession, unless the parties specifically agree otherwise in writing. Accepted payments go first to rent through the date the landlord recovers possession, then costs and damages; any excess is returned like a security deposit. In nonpayment cases, the tenant can redeem ('pay and stay') by paying all past-due amounts set by the court plus costs and fees any time before the eviction is actually carried out. This right is lost after 3 rent judgments in the prior 12 months. Md. Code, Real Prop. § 8-402(c)(5); § 8-401(h) |
| Massachusetts | No statute addresses whether accepting rent after a notice to quit waives it; that is left to case law (landlords commonly accept money 'for use and occupancy only'). By statute, a tenant under a written lease who gets a 14-day nonpayment notice can stop the termination by paying all rent due plus interest and costs by the day the answer is due in the eviction case. A tenant at will who hasn't had a nonpayment notice in the prior 12 months can cure by paying in full within 10 days of receiving the notice. The notice must explain this right, or the cure deadline extends to the answer date. M.G.L. c. 186, § 11; c. 186, § 12; c. 239 section titles checked |
| Michigan | No statute addresses whether accepting rent after a notice waives the eviction; that is left to case law and the lease. By statute, after a nonpayment judgment for possession, no eviction order (writ of restitution) can issue if the tenant pays the judgment amount plus taxed costs within the time allowed (generally 10 days after judgment). MCL 600.5744(5), (7); MCL 600.5714, 600.5716, 600.5718 checked |
| Minnesota | In a nonpayment eviction, accepting a partial payment of back rent before the court's order of restitution does not waive the eviction only if the parties agree to that IN WRITING (before or after filing). Without a written agreement, accepting partial payment can waive the case. Separately, the tenant can redeem by paying all back rent plus interest, costs and up to a $5 attorney fee any time before possession is delivered (unless the case also alleges a material lease violation). Minn. Stat. § 504B.291, subd. 1(a), (c) |
| Mississippi | In a possession judgment based only on nonpayment, the judge may not issue a removal warrant if (i) the tenant paid all unpaid rent and other sums in the judgment by the court-ordered move-out date, or (ii) the landlord accepted payment of those amounts after that date. The landlord must, in good faith, accept full payment tendered by the move-out date. The eviction summons must tell tenants they don't have to move if they pay everything owed before the hearing or by the move-out date. No statute addresses accepting rent after a notice but before judgment. Miss. Code Ann. § 89-8-39(4); § 89-8-35(2) |
| Missouri | No statute addresses whether accepting rent after a notice waives an eviction. By statute, in a rent-and-possession case (ch. 535), if the tenant tenders all rent in arrears plus costs on the date the money judgment is entered, the case stops; paying the judgment and costs before it becomes final stays execution for possession. Otherwise waiver is left to case law and the lease. RSMo 535.160; ch. 441, 534 and 535 checked |
| Montana | Accepting FULL payment of rent due waives a claimed breach only when the breach is nonpayment of rent. Accepting full rent does not waive any right when the breach is something other than nonpayment. Accepting PARTIAL rent does not waive any right, including the right to the rest of the rent. Mont. Code Ann. § 70-24-423 |
| Nebraska | Yes. If the landlord accepts rent knowing the tenant is in default, the landlord waives the right to end the lease for that breach. The same applies if the landlord accepts performance that differs from the lease or rules. The exception: the parties can agree otherwise AFTER the breach happens. Neb. Rev. Stat. § 76-1433 |
| Nevada | No general statute says whether accepting rent waives an eviction. Nevada law does say that after a pay-rent-or-quit notice for a summary eviction, the landlord may not refuse rent the tenant offers just because the tenant has not also paid collection fees, attorney's fees, other non-rent costs, a reasonable late or bounced-check charge, or a security deposit. NRS 40.253(11) |
| New Hampshire | In a nonpayment eviction, while the case is pending, the landlord may accept the back rent without creating a new tenancy if the landlord tells the tenant in writing that it plans to go ahead with the eviction anyway. The landlord may instead refuse payment and proceed. Separately, a tenant can stop a nonpayment eviction by paying all arrears plus $15 liquidated damages and costs before the hearing on the merits; this right has limits on how often it can be used. RSA 540:13, VII; RSA 540:9 |
| New Jersey | No statute says whether accepting rent after a notice waives an eviction for other grounds. By statute, in a nonpayment case the tenant can stop the eviction by paying the court clerk all rent claimed plus accrued costs at any time on or before entry of final judgment. N.J.S.A. 2A:18-55 |
| New Mexico | No statute says that accepting rent waives a termination notice. For nonpayment, if the resident offers the full amount due, in the manner stated in the 3-day notice, before the notice expires, the owner cannot bring a nonpayment action. Without a written agreement, the owner may not apply a resident's rent payment to deposits or damages. NMSA 1978, §§ 47-8-33(D), 47-8-15(G) |
| New York | In a nonpayment proceeding, if the tenant pays the landlord the full rent due at any time before the hearing on the petition, the landlord MUST accept it, and the payment makes the case moot. Before filing a nonpayment case, the landlord must serve a written 14-day rent demand. After a foreclosure, a successor owner's acceptance of rent does not waive its right to evict once the protected period ends (RPAPL 1305(4)). RPAPL 731(4); RPAPL 711(2) |
| North Carolina | In an eviction for a lease breach that ends the tenancy under the lease terms (G.S. 42-26(a)(2)), the lease may state that the landlord's acceptance of partial rent or a partial housing subsidy payment does not waive the breach. Using such a clause is not an unfair trade practice. Without such a clause, waiver is left to case law. In a nonpayment forfeiture case, if the tenant pays or tenders the rent due plus court costs before judgment, the case ends. N.C. Gen. Stat. §§ 42-26(c), 42-33 |
| North Dakota | No statute in the eviction or lease chapters says accepting rent waives an eviction notice or a pending eviction. One related rule: if a residential tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed as a month-to-month tenancy (unless there is an automatic-renewal clause). N.D.C.C. § 47-16-06; ch. 47-32 checked |
| Ohio | No statute — Ohio Rev. Code chs. 1923 (forcible entry and detainer) and 5321 (landlords and tenants) have no rule on whether accepting rent after a notice to leave, or during an eviction, waives the eviction. Courts decide this under common law. Ohio Rev. Code chs. 1923, 5321 checked |
| Oklahoma | No statute — the Oklahoma Residential Landlord and Tenant Act has no rule on whether accepting rent after a breach or notice waives the landlord's right to evict; the lease and Oklahoma case law govern. The Act does say a rental agreement cannot make either party waive rights or remedies under the Act (§ 113(A)(1)), and a 5-day demand for past-due rent counts as a demand for possession and may be given before or after the landlord sues (§ 131(B)). 41 O.S. §§ 101-136 checked, incl. §§ 109, 113, 131, 132 |
| Oregon | Yes, by statute. A landlord waives the right to terminate for a particular violation by accepting rent, with knowledge of it, during 3 or more separate rental periods, unless the landlord gave a qualifying written warning notice first. Rent refunded within 10 days does not count. Accepting rent after a termination notice does not waive it if the rent is prorated to the termination date, or the unused balance is refunded within 10 days. In a for-cause case already in court, accepting rent does not waive the termination if the landlord gave written notice that it would not, and the rent covers no period beyond the date accepted. Accepting partial rent waives a nonpayment termination unless (a) the partial payment was accepted before the notice, based on the tenant's promise to pay the balance, and the notice lets the tenant cure, or (b) after the notice, the landlord and tenant signed a written non-waiver agreement. Housing-assistance payments (Section 8, etc.) are not 'rent' for these rules. ORS 90.412, 90.414, 90.417 |
| Pennsylvania | No statute — the Landlord and Tenant Act of 1951 has no rule on whether accepting rent after a notice to quit waives the notice. Courts decide this under common law. By statute, in a case based only on unpaid rent, the tenant can stop the eviction at any time before the writ of possession is carried out by paying the rent owed plus costs to the constable or sheriff. 68 P.S. § 250.503(c) (Act of Apr. 6, 1951, P.L. 69, No. 20, § 503(c)); Act checked |
| Rhode Island | Yes, by statute. If the landlord accepts rent knowing the tenant is in default, or accepts performance that varies from the lease, the landlord waives the right to terminate for that breach unless the landlord gives written notice within 10 days. Accepting partial rent does not waive the unpaid balance, and acceptance does not waive the landlord's other remedies for the default. In a nonpayment case, the tenant may cure by paying the full rent before suit is filed. If the tenant has not received a demand notice in the previous 6 months, the tenant may also cure at the hearing by paying the arrears plus court costs. R.I. Gen. Laws §§ 34-18-41, 34-18-35(e) |
| South Carolina | No, once an ejectment case is filed. After the court issues the rule to vacate or show cause, the landlord's acceptance of any rent (past-due or newly accruing) does not waive the right to eject or renew the tenancy, and rent keeps accruing while the tenant stays. The Residential Landlord and Tenant Act has no general waiver-by-acceptance section for rent accepted before filing. If a landlord does not sign a lease the tenant signed, accepting rent without reservation makes it binding. S.C. Code §§ 27-37-150, 27-40-320 |
| South Dakota | No statute says accepting rent waives an eviction or a pending FED action. Related rule: if a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms for the same period, up to one year. SDCL 43-32-14; chs. 21-16, 43-32 checked |
| Tennessee | In URLTA counties: if the landlord accepts rent without reservation and with knowledge of a tenant default, the landlord condones the default, waives the right to terminate, and is estopped from terminating the rental agreement for that breach. Accepting rent 'with reservation' (e.g., a written reservation of rights) avoids the waiver. Notice before filing for nonpayment can be waived only by a clause in the written lease in 12-point bold or larger type. No equivalent statute was found for non-URLTA counties. T.C.A. § 66-28-508; § 66-28-505(b); § 66-28-201(c) |
| Texas | No statute — the Property Code eviction chapter (ch. 24) and residential tenancy chapter (ch. 92) do not say whether accepting full or partial rent after a notice to vacate waives the eviction. The question is governed by the lease (many leases contain a non-waiver clause) and by common-law waiver principles applied by the courts. Tex. Prop. Code ch. 24 and ch. 92 (checked) |
| Utah | No statute — the Forcible Entry and Detainer part (78B-6-801 to -817) and the Fit Premises Act (Title 57, Ch. 22) do not address whether accepting full or partial rent after a notice waives the eviction. Governed by the lease and case law. Utah Code Title 78B, Ch. 6, Part 8; Title 57, Ch. 22 (checked) |
| Vermont | By statute, no waiver in most cases. Nonpayment: the tenancy does not terminate if the tenant pays or tenders all rent due through the end of the rental period in which payment is made, but accepting a PARTIAL payment does not waive the landlord's nonpayment remedies or create an accord and satisfaction. Other grounds: accepting full or partial rent after termination for reasons other than nonpayment, or at any time during the ejectment case, does not dismiss the case or waive eviction for breach of the lease, breach of tenant obligations, or no-cause termination. In court, the case is discontinued if the tenant pays into court all rent due through the current rental period plus interest and costs before the writ of possession is executed, but only once in 12 months. 9 V.S.A. § 4467(a), (j); 12 V.S.A. § 4773 |
| Virginia | Accepting FULL payment of rent plus any damages, judgment, attorney fees and court costs bars the landlord from getting an order of possession and evicting for nonpayment (unless the unlawful detainer also states grounds other than nonpayment). A landlord may accept PARTIAL payment and still obtain possession and evict for nonpayment only if it gave the tenant written notice that all amounts would be accepted with reservation and would not waive the right to evict; the notice may be included in the termination notice and must contain statutory language. Tenants also have redemption rights: paying all rent, late charges, fees and costs by the first return date (or presenting a 10-day 'redemption tender' from a local government or nonprofit), or paying all amounts on the summons at least 48 hours before the scheduled writ execution. Va. Code Sec. 55.1-1250 |
| Washington | After a writ of restitution issues, the landlord's acceptance of a payment that only partially satisfies the judgment does not invalidate the writ unless there is a written agreement signed by both parties; the eviction is not postponed or stopped unless the tenant gives a copy of that agreement to the sheriff. The writ and accompanying notice must state this in bold capitals. No statute addresses acceptance of rent after a pay-or-vacate notice but before judgment; any lease clause waiving Chapter 59.18 rights is unenforceable. RCW 59.18.390(1)-(2); 59.18.230 |
| West Virginia | No statute addresses whether accepting full or partial rent after a notice waives an eviction. Related rule for ejectment/unlawful detainer based on a rent forfeiture: if anyone with a claim to the premises pays or tenders to the landlord (or the landlord's attorney), or pays into court, all rent and arrears with interest and costs at any time before trial, all further proceedings in the action stop. W. Va. Code § 37-6-23; ch. 37, art. 6 and ch. 55, art. 3A (checked) |
| Wisconsin | No statute directly says whether accepting rent after a termination notice waives the eviction. Related statutory rules: after a lease expires, accepting rent for any later period (or other conduct showing intent to let the tenant stay) is an election to hold the tenant over as a periodic tenant, unless the landlord has already started proceedings to remove the tenant. For leases of one year or less, if a tenant who got a 5-day pay-or-vacate notice paid, or was permitted by the landlord to remain contrary to the notice, and defaults again within a year, the landlord may end the tenancy with a 14-day notice. Wis. Stat. § 704.25(2)(c); § 704.17(2)(a); ch. 704 (checked) |
| Wyoming | No statute addresses whether accepting rent after a notice to quit for nonpayment or breach waives the eviction. Related rule: after a lease (oral or written) expires, the landlord's acceptance of rent during a holdover does not renew the lease or create a periodic tenancy; it creates only a tenancy by sufferance, and an expired lease can be renewed only by a signed written contract. Wyo. Stat. §§ 34-2-128, 34-2-129; §§ 1-21-1001 to -1017 and 1-21-1201 to -1211 (checked) |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.