Receiving partial rent payments during a nonpayment dispute can create uncertainty for landlords. While any payment may seem like progress, accepting a partial amount can have significant legal consequences under New York City law. Landlords must proceed carefully to protect their legal rights and interests in these circumstances.
Our New York City landlord attorneys are familiar with the city’s Housing Courts, and they maintain a success rate of 95% or higher. For more than 30 years, Stark Law PLLC has represented New York City landlords and tenants throughout the NYC Metro area.
We’re ready to begin working on your case next, so call (718) 792-1200 or message us online to learn more. Your initial consultation is completely free of charge.
The Legal Risks of Accepting Partial Rent
Under New York law, accepting partial rent payments after a tenant has failed to pay in full can affect a landlord’s rights in both nonpayment and holdover proceedings. In certain situations, accepting rent (even partially) may be interpreted as a waiver of the landlord’s claims, potentially requiring the landlord to restart the legal process.
However, there are ways to accept partial payments safely, provided they are handled properly and before initiating a proceeding in Housing Court. Ideally, the lease agreement should address partial payments in advance. Any acceptance of partial rent should be clearly documented in writing to state that it does not waive the balance owed nor any legal rights. The language used must conform to applicable provisions of the Real Property Actions and Proceedings Law (RPAPL) and other relevant laws as well.
Landlords who accept partial payments without clear terms could be making a serious mistake. As a result, it is strongly recommended that landlords seek legal advice from a qualified attorney before accepting any partial rent payment in New York City.
Why Should I Hire the NYC Landlord Lawyers With Stark Law PLLC?
Stark Law PLLC handles landlord-tenant cases exclusively and is qualified to assist with cases involving both residential and commercial properties.
When you hire our legal team, you’ll benefit from:
- Decades of experience representing NYC landlords in nonpayment cases
- Accurate legal guidance on how to handle rent payments without weakening your position
- Meticulous documentation and filings to preserve your rights in court
- Strategic negotiation of partial payment plans or settlement agreements
- Aggressive litigation if your tenant continues to default
Our landlord lawyers in NYC understand the nuances of Housing Court judges and procedures in each borough. Reach out to us today to learn more about what you should do next in your situation.
Contact Our NYC Landlord Law Firm for Legal Help
If your tenant is making partial payments during a rent dispute in New York City, don’t risk a legal misstep that could derail your case. Stark Law PLLC will ensure every action you take complies with New York law and supports your long-term goals as a landlord.
Call (718) 792-1200 or contact us online today to schedule a consultation with one of our respected NYC landlord attorneys. We’re passionate about what we do and will work hard on your behalf throughout the entire legal process.