So, your tenant hasn't paid rent in two months. You provided a "10-Day Notice to Pay or Quit." But then, on Day 9, the tenant hands you $200. They owe you $1,500. If you accept that partial payment, you may be complicating your legal case.
The Risk of Waiver (Indiana Code § 32-31-1-6)
In many Indiana jurisdictions, the 10-Day Notice is viewed as a strict ultimatum. Legal professionals often warn that accepting a partial payment—even a small amount—can be interpreted by the court as a "waiver" of the eviction notice.
This means that if you end up in front of a judge, it is up to the judge to decide if the original notice is still valid. Often, they may rule that you must start the notification process over from the beginning. It is usually safer to refuse partial payments if you intend to proceed with eviction, but you should always consult with an eviction attorney to confirm the best strategy for your specific court.
Sell your rental property with tenants inside.
IMPORTANT LEGAL DISCLAIMER:
Homebound Offers is a real estate investment company. We are principal buyers, not attorneys, financial advisors, or licensed real estate agents. The information presented in this article is for educational purposes only and does not constitute legal, financial, or tax advice.
Real estate laws, including eviction, probate, and foreclosure statutes, vary by location and are subject to judicial interpretation. Every property situation is unique. The next step for any legal action should always be to contact a qualified attorney to review your specific circumstances. If you need a referral to a local professional, we may be able to provide a list of independent contacts.