Legal Question in Landlord & Tenant Law in California
If a tenant is served a 3 day notice to cure or quit, what do we do if he pays rent for this month? If we accept it, is that waiving the notice? But if we reject it, then he is staying there rent free? Rent Control laws apply (CA).
2 Answers from Attorneys
You must accept it if it is tendered within the three-day period. If it's outside of the period and you want the tenant removed, do not accept it and immediately file an unlawful detainer lawsuit. It would be wise to seek the help of an attorney. Usually, unlawful detainer attorneys' fees are reasonable and it's well worth it because, especially with rent stabilization laws, there are a lot of minefields which an unknowledgeable landlord will not be able to navigate.
Must be accepted within 3-day period. Can be rejected if offered after the three day period, however if it is accepted you cannot evict on that notice. A tenant who is being evicted for non-payment of rent (or any other ground) does not have to pay rent while the action is pending. The tenant is responsible for the rent through at least the judgment date in that the money judgment would include the daily rental value through the trial date or lockout date if the matter goes by default.