Legal Question in Landlord & Tenant Law in California

I have a court date in 6 days for an unlawfule detainer. Landlord is evicting us for unpaid rent. Problem Is is that I made payments to her last week towards rent and she accepted. I truly have been trying to make good on rent even though it is late. Do I still have to get evicted? I thought she would take money and let us pay off the rest but she says we will still "see her in court" Why can she take my money and I'm still having to move?? Can I get my money back then?
I live in San Bernardino County California and I have 2 year lease. It doesn't expire till Aug 2014 and i have not, not paid her for every month since I have been here. Just got stuck last month.

Asked on 11/10/13, 11:11 am

2 Answers from Attorneys

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Hopefully you have proof of your payment. Accepting any rent payments voids the 3-day notice and requires dismissal of the Unlawful Detainer case. She can, of course, give a new notice and start over again, but if you pay the rent due under the new notice she will be unable to evict you at all. If she refuses to dismiss the case and give a new three-day notice, plan to go to court with your proof of the payment you made, and the case should be decided in your favor. If she does dismiss and gives a new notice you will have to come up with the full amount due or she will be able to win the second round and will be wised up that she can't accept partial payment.

Answered on 11/10/13, 1:03 pm

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