Legal Question in Landlord & Tenant Law in California
landlord/tenent
I filed an unlawful detainer and the tenent contacted me to pay some of the back rent. If I accept any back rent from him even if it doesn't bring him up to date does that make my unlawful detainer void so that I have to file again? I live in california
1 Answer from Attorneys
Re: landlord/tenent
Yes, however, if the tenant will agree to sign a stipulation for entry of judgment, you could agree to take the money, give him "X" number of days, weeks or months to get caught up, and if he doesn't meet the payment schedule, you can make application to the court for a judgment against him for possession and the money owed at that point. Do not take any money until you work out the stipulation, have it signed and ready to file at the court. Be aware that the Defendant (your tenant) will most likely have to pay a filing fee as his appearance by virtue of the stipulation requires a filing fee. I would strongly suggest buying a couple of hours of an attorneys time to draft the stipulation so its done correctly.
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