> Can my tenant with hold rent from me?

Can my tenant with hold rent from me?

Posted at: 2015-03-04 
I will assume se decided to stay instead of leave...you cannot evict if you accept partial or full rent...may as well just sue her in small claims court for back rent....at the same time give her proper legal notice to move,,,,if you want her gone December 1st give her notice tonight...send her a text and post it on the door...court will determine what rent she owes...here is the fun part...you can collect rent for the current month AND evict her for back rent owed..no she can't withhold rent...has to file a rent escrow action...same court that you file to evict

If none of this agreement was in writing you are out of luck. Dont make such bad deals in the future and get the tenant to sign a 6 month lease. You could keep part of her deposit if she does not pay the full rent, but dont say anything until you have to.

No she can't withhold rent. If she is going to be gone within a few days, and is willing to pay several hundred at least for NOV, Id just let her go. Deliver a pay-or-quit notice NOW regardless, so you can formally evict if she doesn't pay anything. If she does pay, have her also provide written notice/confirmation of intent to vacate.

No. Assuming she paid at least one month of rent, you have the basis to sue your tenant for every month she resided in the apartment plus another month for her failure to provide notice required by state law in a month to month tenancy. I suggest being honest in court about your plan to charge a decreased rent when you make your claim in small claims court. If you win, she will also have to reimburse your filing fees.

Simply file claim for the full amount owed in county court. Let the courts sort it out.

yes

you have nothing in writing by the sound of it

by happy you got something and move on.

take her to small claims court for what she owes you. you will have to prove she owes it to you.

Ok...I charge $1100 for rent a month to a tenant that has no lease...she has live in my apartment for three months...it took me a long time to finish her apartment so I agreed to let her pay $900 for August, $1100 for September, $900 for October, $1100 for November and $800 for December...we are now on bad terms... I was going to evict her but she decided to move out before I could evict her...now she is telling me is only going to pay me the lesser amount which is the agreed paymenr for next month's rent....can she do that?