[AnnSmith]

I have a person who is making payments on contract for deed for my property. They are 3 months behind in their payment. I have sent them 30 day notice, that they must come current with their payment in 30 days, or contract will be cancelled. They have until Sept. 10, to pay the total of payements due. They have just made a partial payment. My question is can I use the partial payment now, and still demand that they make the rest of the payment by September 10, or do I have to hold the check, or refuse partial payment to still make the demand of payment.

I am trying to mainly find out if I can cash this partial payment, and still be in my rights to demand total payment by date requested, or cancel the contract.

{personal info removed}

[ScottGem]

You need to go by what the contract says. In a contract for sale, the way a default is handled should be written into the contract.

Does the contract say, that upon default you need to send the buyer a 30 day notice to bring the contract up to date or they will be in breach?