Legal Question in Landlord & Tenant Law in California
Eviction - amount stated on notice & claimed by landlord
On the 3-day notice my landlord gave me to evict me the amount she wrote is $995.00, due to financial difficulty I could not pay another month rent ($895) but was in good faith doing everything possible to make good on the debt. I then gave the landlord a check for $1495.00 covering the amount on the 3-day notice and $500 of the outstanding $895. The landlord is holding the check because it is not the full $1890 due. When she served the 3-day notice that is technically when the eviction process started, so if that amount is paid dont they have to start the process again? I understand the amount I owe them changed, but the LEGALLY DOCUMENTED amount that started the eviction is essentially $995 can that amount change? If so, what is the point of listing an amount on the notice?
3 Answers from Attorneys
Re: Eviction - amount stated on notice & claimed by landlord
You don't state when you paid the funds. If you paid the funds requested in the 3-day notice within that 3-day window, then the process has to start all over again. The landlord can't refuse payment of the full amount stated in the notice during that period.
Re: Eviction - amount stated on notice & claimed by landlord
Generally, if a landlord accepts money the 3-day notice becomes invalid. However, if the landlord is delaying the eviction pending full payment and has not cashed the check yet, the landlord may return the check and continue with the eviction. Once the check is cashed the eviction must cease and a new 3-day served.
Re: Eviction - amount stated on notice & claimed by landlord
If you gave the landlord a check, but the landlord failed to return it, then you have a good defense that the landlord accepted you payment. Raise this fact at the trial, and you may beat the case. Good Luck.
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