Legal Question in Civil Litigation in California

I filed an anlawfull detainer and the defendant di not answer. I am going to file the entry of default if the tenants are willing to pay me the month of November can I receive the money and continue with the case?


Asked on 12/01/11, 2:04 pm

3 Answers from Attorneys

No.

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Answered on 12/01/11, 2:07 pm
George Shers Law Offices of Georges H. Shers

The unlawful detainer was because they did not pay the rent for November. If you accept money for November then they have cured the three day notice because you have in effect waived the time limits. You can not have your cake and eat it too.

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Answered on 12/01/11, 4:27 pm
Anthony Roach Law Office of Anthony A. Roach

I agree, acceptance of rent at this point waives the tenants breach of the lease and gives them a complete defense to your unlawful detainer action. If the judge got wind of it, your case would be dismissed and you have to start all over again.

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Answered on 12/02/11, 10:04 am


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