LANDLORD BRIEFS // RETURNING UNAUTHORIZED RENT PAYMENTS

Let's talk about returning rent money when an eviction action is commenced and the tenant makes an unauthorized payment

At one time, a tenant used to hand a check to their landlord or put it in the mail and the check had to be deposited. Enter modern-day banking with online payment systems like Zelle and tenants walking into their landlord's bank branch to deposit money without the landlord's knowledge or consent.

A surefire way to tank an eviction action is to accept rent payments after the unlawful detainer has been filed. Once payment is taken, the tenancy begins anew. Yet what if the tenant unilaterally dumps money into their landlord's account?

If there is an unauthorized payment made, the housing provider can simply return the money. If it can be sent back electronically, do so. Otherwise, send a check to the tenant with a kind but frank note that the rent payment is declined.

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