Neidhart v. Page

Notwithstanding any acceptance of partial payment, even if the right to terminate tenancy is waived based on nonpayment of rent a subsequent default gives new ground to terminate the tenancy.

Page, who rented a room in a house owned by Neidhart, appeals from a judgment in a Forcible Entry and Detainer (FED) proceeding that awarded possession of the rented premises and $2,201 in restitution for unpaid rent to Neidhart. Page rented a room in a house owned by Neidhart. As a result of some conflicts Page tendered less than the full amount of rent due under the rental agreement and Neidhart refused to accept any tender less than agreed amount. After seven months of nonpayment the total sum of missed payments was $2,201. On October 4, 2011 Neidhart notified Page that she had 72-hours to cure or their landlord-tenant relationship would be terminated. No payment was made and Neidhart initiated a FED proceeding to obtain possession of the premises. As a result of nonpayment Neidhart initiated a FED proceeding to obtain possession of rented property. Trial court found that Neidhart was entitled to the premises and awarded possession plus $2,201 in restitution. The court rejected Page's request to offset the restitution award against the amount Page obtained from Neidhart in a separate proceeding. There is nothing in this record to suggest that the trial court's decision not to offset the judgment represented an abuse of discretion. Affirmed.