Legal Question in Civil Litigation in California
Despite receiving a partial payment for the rent, can I start the eviction process by filing an unlawful detainer against my tenants? If I file the unlawful detainer and the tenant pays the rent, do I need to stop the procedure?
Based on the one-year residential lease, the rent is due on the first of the month. Due to non-payment of the lease, I served upon my tenant a 3-Day Notice to pay the Rent or Quit. The tenant paid me a small portion of the rent, promising to pay the rent next day. All I received so far are lot of excuses and stories, but not the balance of the rent to date. Non-payment of rent is affecting my ability to pay my mortgage on the house.
Much obliged.
2 Answers from Attorneys
You are allowed to file an unlawful detainer on the basis of a partial rental payment. If the tenant pays the remainder of the rent you have the following choices: (a) accept the remainder payment and dismiss the eviction action; (b) accept the payment but communicate to the tenant in writing that acceptance of the unpaid portion of the rent does not waive your termination of the rental agreement and that you are proceeding with the eviction proceeding; (c) accept the funds with the notice described in (b) and if you are awarded possession, consent to either a stay of execution of judgment or a relief from forfeiture judgment.
You want to consult with a housing law attorney about this. It may make more sense to negotiate a move out agreement.
I wouldn't file an unlawful detainer until you speak to an attorney first. If you served a three-day notice for the full amount, and not the partial amount, you may have to serve a new three day notice first.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
