Do we still accept rent on tenants who have been served with eviction and are waiting on court?
Acceptance of an offer is the expression of assent to its terms. Acceptance must generally be made in the manner specified by the offer. If no manner of acceptance is specified by the offer, then acceptance may be made in a manner that is reasonable under the circumstances. An acceptance is only valid, however, if the offeree knows of the offer, the offeree manifests an intention to accept, and the acceptance is expressed as an unequivocal and unconditional agreement to the terms of the offer.
Many offers specify the method of acceptance, whether it be oral or written, by phone or in person, by handshake or by ceremony. Other offers leave open the method of acceptance, allowing the offeree to accept in a reasonable manner. Most consumer transactions fall into this category, as when a shopper "accepts" a merchant's offer by taking possession of a particular good and paying for it at the cash register. But what constitutes a "reasonable" acceptance will vary according to the contract.
According to NV law, a check does not to be signed to be accepted. While there is no definite time period for retuturning a check to avoid acceptance, it is possible that failing to return a check within a reasonable time may be considered acceptance of rent that would waive a landlord's right to claim default by the tenant.
The following is a UCC statute defining acceptance of commercial paper:
NRS 104.3409 Acceptance of draft; certified check.
1. "Acceptance" means the drawee's signed agreement to pay a draft as
presented. It must be written on the draft and may consist of the drawee's
signature alone. Acceptance may be made at any time and becomes effective
when notification pursuant to instructions is given or the accepted draft
is delivered for the purpose of giving rights on the acceptance to any
2. A draft may be accepted although it has not been signed by the drawer,
is otherwise incomplete, is overdue or has been dishonored.
3. If a draft is payable at a fixed period after sight and the acceptor
fails to date the acceptance, the holder may complete the acceptance by
supplying a date in good faith.
4. "Certified check" means a check accepted by the bank on which it is
drawn. Acceptance may be made as stated in subsection 1 or by a writing on
the check which indicates that the check is certified. The drawee of a
check has no obligation to certify the check, and refusal to certify is not
dishonor of the check.