Can I collect rent while UD is in process? 9 Answers as of March 21, 2013

I have a tenant that refused to leave after I did not renew his 1 year lease.Correct 30 day notice was given of non renewal of lease. I have filed a UD against the tenant and it is in motion. Can I ask or accept rent from the tenant while he is there after the case has been filed against him? Thanks.

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S. Joseph Schramm | Joseph Schramm
You are free to continue collecting rent up to the amount you are owed.
Answer Applies to: Pennsylvania
Replied: 3/21/2013
Law Offices of Frances Headley | Frances Headley
If you take rent now the court may very well rule that you have waived your request for termination of the tenancy. It is always better not to accept rent after the notice period has run.
Answer Applies to: California
Replied: 3/21/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
No. Once you accept rent you then are constructively renewing the lease (on a month to month basis) and would have to start the eviction process again either after another 30 day notice was given or if no rent paid, a 3 day notice to pay or quit is served. You do have a right to whatever rent the tenant should pay for the amount of time he holds over, but those are collectible in the court action.
Answer Applies to: California
Replied: 3/21/2013
Sultan Law Office | Gregory Sultan
In Illinois, if you accept rent after after notice is given, you should need to give a new notice. Don't know how it works for your locale.
Answer Applies to: Illinois
Replied: 3/21/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
It is unclear what your notice was for, but typically if you accept rent after the tenant unlawfully detains the property, that is treated as a waiver of the breach. If you have a lease that expires and the tenancy stays with your permission or consent, then you simply have a hold-over tenancy that is treated as a month-to-month situation. If the tenant was informed that you do not consent to holding over, then continuing to stay would be unlawfully detaining the premises. It sounds like you did this with the 30-day notice. If you accept rent, you would arguably be engaging in conduct showing consent for the tenant to stay, which would mean the tenant was staying with permission after all and therefore they would no longer be unlawfully detaining the property.
Answer Applies to: Washington
Replied: 3/21/2013
    Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
    No. Collection of rent would be treated as your implicit cancellation of the 30 day notice, and would create a month to month rental agreement under the terms of the expired Lease. However, you can seek a judgment through the UD for rent owed through the date of the trial, if you requested that relief in the UD Complaint filed with the court. Typically, there is no notice required following the expiration of a fixed term lease, and no notice on non-renewal, unless this is a Section 8 tenant, or you are dealing with some special rent control laws.
    Answer Applies to: California
    Replied: 3/21/2013
    Gateway Legal Group | Christian J. Albut
    Regretfully, No. If you collect rent after you started the unlawful detainer you cannot collect rent. You will be able to get a judgment for the rent until you receive possession, but if you accept the rent you will create a month-to-month agreement and waive the termination.
    Answer Applies to: California
    Replied: 3/21/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    What is a UD Is this a Connecticut matter?
    Answer Applies to: Connecticut
    Replied: 3/21/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    If you accept rent you must send him written notice that you reserve your right to proceed against him for any balance and possession.
    Answer Applies to: Delaware
    Replied: 3/21/2013
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