Landlord Accepted Partial Rent After Notice: Waiver of Eviction

The Legal Principle of Notice Waiver

Under contract law and summary eviction statutes, serving a notice to quit communicates the landlord's election to terminate the tenancy. However, if the landlord subsequently accepts any rent payment from the tenant—even a partial payment—the law treats this acceptance as an affirmation of the continuing tenancy.

How to Plead the Waiver Defense

Attach a copy of your bank statement, cashed check, Venmo/Zelle receipt, or online portal confirmation showing that the landlord received and deposited money after the notice was served. Ask the judge for an immediate summary dismissal with prejudice.