Legal Question in Landlord & Tenant Law in California

Unlawful Detainer in Calif.

An Unlawful Detainer was served on my tenant, she then paid major portion of back rent and expenses, leaving $1200. owing. Now, June rent is past due. I was given a check for the June rent, but took it to bank and there are no funds to cash it, I have tried many times.

I have made numerous calls to her , left messages about the sitiuation & she doesn't return my calls. I live over 100 miles from the rental and she makes it very difficult to deal with , not answering my calls or returning my calls.

Can I continue with the same Unlawful Detainer and proceed thru the court process or do I have to start over with a three day notice and do another unlawful Detainer?

Thank You


Asked on 6/18/09, 6:38 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Unlawful Detainer in Calif.

You have to start over and state the correct amount due on the three day notice. Do not accept any more rent after the three days have elapsed if you want her out.

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Answered on 6/18/09, 7:03 pm
David Gibbs The Gibbs Law Firm, APC

Re: Unlawful Detainer in Calif.

Sorry to hear about your troubles with this rental. Sadly, by accepting rent after the expiration of the three day notice upon which you filed the Unlawful Detainer lawsuit, you have now caused the complaint to be inaccurate (in other words, that three day notice is now defective, and if you proceed with the UD on that notice, it could very well be dismissed). You cannot even really amend the complaint after you serve a new three day notice and let that time frame expire. My experience has been that you now get to start all over from scratch - serve the three day notice, let it expire, then file a new Unlawful Detainer complaint and have her served. Do dismiss the other UD complaint so that there is no confusion, but make sure when you dismiss it, you DO NOT dismiss it with prejudice - check the box that says dismiss WITHOUT prejudice.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/18/09, 7:06 pm


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