When a tenant in arrears offers $300 on a $1,200 balance, I’ll accept to de‑escalate but stamp the receipt and ledger “Accepted for use & occupancy only — no waiver of notice,” then send a same‑day follow‑up letter. Has that wording preserved your 3‑day/7‑day where you’re, or is there a better phrase that’s held up in court?
Quick example: I’ll take the $300 only with a one-page “partial payment agreement” the tenant signs that day and I code it to U&O/unapplied — not rent — so the ledger can’t be used to argue waiver. In places like Oregon and Florida the exact statutory language/timing matters; e.g., ORS 90.412 requires a specific nonwaiver notice if you want your 72/144-hour to survive: https://www.oregonlegislature.gov/bills_laws/ors/ors090.html. , courts get picky — did you accept it before or after serving the 3‑day/7‑day, and will they sign something same-day?
Same idea here, but I add the exact notice date: “Accepted for use & occupancy only — no waiver of 3‑day dated 6/01,” write it on the $300 check and the receipt, and have the portal block partials unless I manually code it to fees/U&O first. A judge once dinged me when the notice wasn’t referenced, so anchoring it to the date plus fees‑first fixed that. You tried tying the language to the specific notice and the application order?
I pair your wording with a ‘reservation of rights’ under UCC 1‑308 on the check endorsement and receipt, e.g., ‘Accepted as mesne profits only; landlord reserves all remedies; no accord and satisfaction.’ I also log it as a separate line item for holdover damages rather than rent to avoid ledger arguments, and have the tenant initial a one‑liner that it doesn’t reinstate the tenancy — belt‑and‑suspenders. @brian_mil62, have you seen courts in your state react differently to the UCC 1‑308 language?
I’ve had better luck pairing that language with a date range and a no‑reinstatement line on the receipt, e.g., ‘applied to occupancy 6/2–6/8; no cure or reinstatement of notice dated 6/1,’ and getting the tenant’s initials next to it. That way the ledger matches the exact days you licensed and your 3-day stands; @oliverjohnson62, do you also include the remaining balance on that line?