I'm no lawyer but...
No.
They cannot spring this on you a year later.
Firstly, they named the pro-rated amount and you accepted and paid it.
Case closed.
Secondly, there is a time limit on demanding rent.
They may have missed that too.
You can fight it in Small Claims Court.
The landlord cannot use your security deposit for this case.
A partial payment will stop an eviction but the landlord must be willing to accept it. If they will not accept a partial payment, the eviction will proceed forward.
Yes--unless you and the landlord made an agreement not to evict in writing, the landlord waives no right to evict you simply by accepting a partial rent payment. However, making even a partial payment shows good faith on your part. I suggest you work with the landlord prior to eviction--evictions are costly and complicated.
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I believe this would be Kanaye Nagasawa. If incorrect then- I have no idea. Then again, I'm not partial to California wines. So why I should know this is a mystery even to me.
This is tricky as some jurisdictions prohibit charging late fees in general. Others do not consider them as "rent" but more of a penalty for being late. Assuming the landlord accepted the rent check, and cashed it, they have continued the tenancy.
Some states have laws that say a landlord cannot refuse the rent, if the tenant has all the rent owed. If the tenant only has some of the rent, all the statutes I know of also say that the landlord can reject a partial payment. Many landlords will say, "Look, if you don't have it all, keep what you have, and use it to move."
A partial hepatectomy is a partial removal of the liver.
Not if the rent is being paid on time. But landlords can try. If this happens then the tenant will need to pay the rent to the Clerk of Court or prothontary's registry. He can then explain to the judge and probably win. Now, if the rent is not paid on time and the landlord charges late fees, then the landlord has the right to refuse to take the payment if the late fee is not included in the payment, provided it says on the lease that the late fees become part of the rent for which no partial payment is accepted.
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