Can a Landlord Accept Rent During (and After) Eviction?

Whether a landlord can accept rent during an eviction proceeding is a complex question that depends on the specific circumstances of the case.

In general, if the eviction has been initiated due to non-payment of rent, the landlord may accept the rent during the eviction process (but there may be important implications to doing this – more on that below).

However, if the eviction has already been completed and a court has issued an order or judgment, accepting rent from the tenant may waive the eviction and create a new tenancy, which could complicate matters.

In this article, I am going to address both situations and provide appropriate context around each, so you understand the implications of accepting rent during and after the eviction process.

Let’s get started.

The information contained in this post is for informational purposes only.  It is not legal advice.  You should seek the advice of a qualified legal professional before making any decisions relating to the topics covered by this article.

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Why Accept Rent During an Eviction?

Accepting rent during an eviction proceeding can be beneficial for both the landlord and tenant. For the landlord, accepting rent can help mitigate the financial loss caused by the non-payment of rent, while for the tenant, it can help prevent eviction and allow them to remain in their home.

What Are the Drawbacks of Accepting Rent During an Eviction?

However, there are some potential risks associated with accepting rent during an eviction proceeding. For example, accepting rent may delay the eviction process, which could result in additional financial losses for the landlord.

Additionally, if the tenant continues to miss rent payments, the landlord may need to start the eviction process all over again, which can be time-consuming and costly.

In some cases, accepting rent during an eviction proceeding may also affect the legal rights of both the landlord and the tenant.

For example, accepting rent may constitute a waiver of the landlord’s right to evict the tenant, or it may create a new tenancy agreement between the parties with different terms and conditions than the original lease.

You should check your state and local landlord tenant statutes to understand what the rules are in your jurisdiction (or hire a lawyer you help you navigate through all of this).

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To mitigate these risks, landlords may want to also consult with an attorney before accepting rent during an eviction proceeding. An attorney can help ensure that the landlord complies with all legal requirements and procedures, and can advise the landlord on the potential risks and benefits of accepting rent.

What About Accepting Rent After Eviction?

After the eviction process has been completed and the tenant has been legally removed from the property, the landlord may still accept rent from the tenant if they wish to do so.

However, there are some important factors that the landlord should consider before accepting rent from that that tenant.

Firstly, the landlord must be willing to enter into a new rental agreement with the tenant. This means that the landlord must be willing to start over and create a new lease agreement with the tenant. The terms of this new agreement must be agreed upon by both parties and put in writing.

Secondly, the tenant should pay any outstanding debts owed to the landlord. This includes any unpaid rent, late fees, damages, or court costs. If the tenant cannot pay these outstanding debts, the landlord shouldn’t accept rent from them.

Finally, the tenant should have resolve whatever caused the eviction in the first place. As a landlord, you don’t want to go through the whole process again.

So a landlord should, at a minimum, ensure that the tenant would otherwise qualify as a solid tenant if the landlord were going through their normal vetting process.

If all of these conditions are met, the landlord may want to accept rent from the tenant after eviction, but they may want to extra precautions to protect themselves. This includes obtaining a healthy (but legal) security deposit from the tenant, requiring a co-signer on the lease agreement, and monitoring the tenant closely for any future violations of the lease agreement.


In conclusion, while landlords may be able to accept rent during (and after) an eviction proceeding, it is important to carefully consider the potential risks and benefits before doing so. Consulting with an attorney can help ensure that the landlord takes the appropriate steps to protect their legal rights and financial interests.

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