Legal Question in Landlord & Tenant Law in California
I got a 3 day eviction notice to pay or quit. I spoke to the landlord after the 3 days, and we had a verbal agreement to pay. Does my landlord have the power to have the eviction paperwork voided, and stopped if i pay? He said he would stop the paperwork, does he have this power?
2 Answers from Attorneys
If you landlord accepts any payment after the expiration of the 3 days in the notice to pay, he or she must give up the eviction. If an unlawful detainer action has already been filed, the landlord should dismiss it.
If the landlord denies the oral agreement to accept rent from you, it is unlikely that you would prevail in a court proceeding.
Your oral agreement is not the critical issue. The critical issue is whether the landlord accepts payment.
Sorry Mr. Saltzman did not answer your question. The answer is "yes." Criminal victims cannot make the DA drop a case, but in private cases between people and/or businesses, the party making the claim can always drop it.
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