Legal Question in Landlord & Tenant Law in California
3-day notices
can a landlord except a partial payment and make an agreement with the tenant get the money and then still proceed with legal papers not holding up his end of the agreement
Asked on 4/18/08, 9:40 pm
2 Answers from Attorneys
Robert L. Bennett
Law offices of Robert L. Bennett
Re: 3-day notices
Your question is unclear.
It depends on whether an unlawful detainer has already been filed. As Mr. Cohen points out, if the answer is affirmative, the U.D. must be refiled. If negative, it depends on the agreement.
Answered on 4/19/08, 9:25 pm
Robert F. Cohen
Law Office of Robert F. Cohen
Re: 3-day notices
If a residential tenant, the answer is "no". Once the landlord accepts a partial payment, the landlord would have to start the eviction process all over.
Answered on 4/18/08, 9:42 pm
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