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Apr
3
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Receipt of Rent & Unlawful Detainer Evictions

Unlawful Detainer is the act of retaining possession of property without legal right. The term unlawful detainer ordinarily refers to the conduct of a tenant who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease. Typically, the landlord wishes to evict the tenant for not paying the rent or for endangering the safety of the other tenants or the landlord’s property. Read more here

Many landlords would like to collect rent online but are often counselled to stay with traditional, check-in-the-mail, rent payments for fear of identity theft, inability to control receipt of payments, or compromising their legal options should an eviction be required. Conversely, millennium generation tenants express a preference to pay rent online. Paper check rent remittance is now a thing of the past as iManageRent allows landlord’s to collect rent online.

Difficulties can arise as tenant circumstances change, a rent payment is late, or perhaps not made at all. Receipt of rents by the landlord once an unlawful detainer action has been filed in superior court can set back the eviction process or cancel the action entirely.

Experienced landlords realize that acceptance of payment, even a dollar, from the tenant can start an unlawful detainer proceeding over from the beginning. Bank website “Bill Pay” applications that pay rent online and transfer funds directly into a property owner’s bank account are constructive receipt of rent from the tenant. Bank drafts initiated from the bank website application, mailed by the institution, and received by the landlord can also be considered constructive receipt. Denial or refusal of receipt may be difficult to prove. PayPal ® receipts for rent payment are also problematical.

iManageRent’s collect rent online application solves this problem. Tenants do not have direct access or knowledge of the landlord’s bank account number. The need for a costly “dummy” or “clearing” checking account is eliminated.

No third-party intermediary can be used to unwittingly deliver from a tenant/defendant to the landlord/claimant for an unsolicited/undesired rent payment while party in an unlawful detainer court action.

With merely a click, landlords can deactivate online rent collection at the initiation of the unlawful detainer suit. Problem solved. The tenant can no longer pay rent online. The landlord no longer has concern that the unlawful detainer action will be setback or cancelled due to inadvertent receipt of rent from the delinquent tenant.

iManageRent provides landlords, property managers and tenants tools to better manage the life cycle of a rental property. From listing vacancies to background checks, online rent payments, late fee accounting, security deposit accounting, document storage, to much, much more… please feel free to join us today!

iManageRent is here to help answer any questions you may have about managing your rental property. Our knowledgeable, experienced support staff is available 24-7 and can be contacted by phone at (415) 881-3311 or by email at Support@iManageRent.com anytime.

If you like to see our product in action please schedule a live one-on-one online demo by clicking here.

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