If you’re facing eviction in New York City, you might wonder whether sending part of your rent could help you stay in your home. Maybe you don’t have the full amount right now, or maybe you want to show good faith while disputing some charges. But does a partial rent payment actually protect you from eviction?
The answer is: not always. And in some cases, it could even hurt your legal position.
Let’s break it down so you can decide your next move wisely — especially before making any payments.
1. What Happens When You Pay Rent Late or in Part?
If you’re behind on rent, your landlord might send a 14-day notice to pay or quit. This is the formal warning that says: “You have 14 days to pay everything you owe, or I’ll take you to court.”
You might be tempted to send whatever you can afford — $200 here, $500 there — to try and stop the eviction.
But beware: a partial payment does not automatically stop an eviction case.
In fact, a landlord can still start — or continue — a nonpayment case even if you pay part of the rent. Unless you pay the full amount demanded in the 14-day notice, the clock keeps ticking.
2. Can Partial Payment Be Used Against You?
Yes. A partial rent payment may actually weaken your defense in some cases.
For example:
- If you’re arguing that your apartment is unlivable (e.g. no heat, leaks, mold), but you send rent anyway — the landlord might argue that you accepted the conditions.
- If you’re contesting the amount owed (saying the landlord is overcharging), sending partial rent might seem like you’re admitting the full amount is due.
Courts might interpret your partial payment as acknowledgment of debt — unless you clearly mark otherwise.
3. Should I Send Partial Payment Anyway?
It depends on your strategy. Here are some general scenarios:
|
Situation |
Partial Payment Helps? |
Why or Why Not |
|
You plan to pay everything soon |
✅ Maybe |
Shows good faith; might help delay |
|
You are disputing the amount owed |
❌ Risky |
May look like you’re agreeing to landlord’s math |
|
You claim unsafe or illegal conditions |
❌ Risky |
May weaken your “warranty of habitability” defense |
|
You’re negotiating a deal |
✅ Possibly |
Could show good faith in a settlement |
Bottom line: partial payment is not a guaranteed shield. In fact, it might limit your legal arguments — unless you document it carefully and understand the implications.
4. How to Make a Partial Payment (If You Must)
If you decide to make a partial payment, protect yourself:
- Write a clear note with your payment.
- Keep receipts and proof of delivery.
- Avoid cash — use checks, money orders, or online transfers you can document.
5. Want to Know Your Best Move?
It depends on your situation and how well you document your intentions. A partial payment could help if:
- You’re working on a deal with your landlord
- You need a little more time and want to show good faith
- You clearly state the payment does not waive your rights or defenses
But if you’re disputing the rent, claiming the apartment has serious problems, or plan to raise defenses in court — partial payment can muddy the waters.
Final Tips for Tenants
If you must make a partial payment:
- Send it with a note like:
“This payment is partial and does not waive my right to dispute the amount or the condition of the apartment.”
- Never pay in cash — always get a receipt.
- Keep records of every communication with your landlord.
But most importantly:
Know your rights. Use your words. Build your defense.