My question involves an eviction in the state of: Georgia

The tenant lives in my house (she is technically a roommate, however I have a signed agreement) has been late paying rent twice now, however I accepted a partial December payment on Dec 10 of $250. It is Dec 19 and am still owed $100 for this month's rent. I accepted a late payment in Sept (10 days late).

1) If I don't specifically include wording along the lines of "late payment past x days is considered breach of contract" can I still use late payment as acceptable grounds?

2) Is taking a partiel rent payment viewed the same as taking the entire amount?

3) Can the tenant challenge grounds for eviction based on my taking a partial payment?

4) If tenant tries to pay remainder for December and I want to use late payment as GFE, do I have to notify her at that time that she is being evicted? Or can I simply refuse the payment for the time being?


Here are the relevant sections in the agreement:

1. TERMS: RESIDENT agrees to pay in advance $_350__ per month on the _1st day of each month. This agreement shall commence on _ September 1, 2012__ and continue; (check one)
A._X_ until _September 1, 2012_ as a leasehold. Thereafter it shall become a month-to-month tenancy. If RESIDENT should move from the premises prior to the expiration of this time period, he shall be liable for all rent due until such time that the Residence is occupied by an OWNER approved paying RESIDENT and/or expiration of said time period, whichever is shorter.
B.__ until ____________, ______ on a month-to-month tenancy until either party shall terminate this agreement by giving a written notice of intention to terminate at least 30 days prior to the date of termination.

2. PAYMENTS: Rent and/or other charges are to be paid at such place or method designated by the owner as follows _Directly to OWNER_. All payments are to be made by check or money order and cash shall be acceptable. OWNER acknowledges receipt of the First Month's rent of $_350___, and a Security Deposit of $_350_____, and additional charges/fees for ______________________________, for a total payment of $__700____. All payments are to be made payable to homowner(me) .

3. SECURITY DEPOSITS: The total of the above deposits shall secure compliance with the terms and conditions of this agreement and shall be refunded to RESIDENT within _14__ days after the premises have been completely vacated less any amount necessary to pay OWNER; a) any unpaid rent, b) cleaning costs, c) key replacement costs, d) cost for repair of damages to premises and/or common areas above ordinary wear and tear, and e) any other amount legally allowable under the terms of this agreement. A written accounting of said charges shall be presented to RESIDENT within _14_ days of move-out. If deposits do not cover such costs and damages, the RESIDENT shall immediately pay said additional costs for damages to OWNER.

4. LATE CHARGE: A late fee of $_25__, (not to exceed ___% of the monthly rent), shall be added and due for any payment of rent made after the __5th_ of the month. Any dishonored check shall be treated as unpaid rent, and subject to an additional fee of $__35____.