Legal Question in Landlord & Tenant Law in California

3 day Pay or Quit and filling out UD-100

My tenant has been served with the 3 day pay or quit and called me today stating that he will give me as much as possible on Friday, when the note expires. I've let him know that he must pay the entire amount or move or be faced with the complaint. If I accept partial payment, does that void the eviction process? Will I still be able to serve him file the UD? Does #12 on the form refer to physical damages done to the rental or rent loss due to non-payment? What facts are needed to support claim? If I am suing for March's rent do I ask for damages in #17F beginning in April or on the date I serve UD-100? Thanks in advance for any help.


Asked on 3/07/06, 9:38 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: 3 day Pay or Quit and filling out UD-100

If you accept partial payment at any time, you will have to start the entire process over again (i.e. new 3-day notice, waiting period, etc.). Malice consists of wrongful motive, intent, or purpose in staying at the premises that exceed negligence or mistake, and must be specifically pled. Daily damages accrue after the period for which the rent covered by the three day notice is due. Consider retaining a lawyer. Usually, we don't charge much for evictions, and you can have peace of mind knowing the tenant will be evicted quickly. One mistake on your part, and you might have to start over. Good luck to you.

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Answered on 3/07/06, 11:40 pm


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