Legal Question in Real Estate Law in California
3 day notice to pay or quite
YOu served the 3 days notice of pay or quite and they did not pay. You started the eviction process and had to pay $500 to the eviction compay. What if the tenant pays at this time. I just wasted the $500 and will not get refund. Can I reject the money being paid to me by the tenant and continue the eviction process?
2 Answers from Attorneys
Re: 3 day notice to pay or quite
If it's beyond the 3 days, then you need not accept the money. If it's within the 3 days, you have to accept the money.
It's unclear from your post when the three days was to have run. If beyond 3 days, then you can continue with the unlawful detainer lawsuit, obtain a judgment against your tenant(s) for nonpayment of rent, and include in your judgment the costs of your filing fees and service of process. If your rental agreement includes a provision for attorney's fees, you should be able to recoup some or all of that, as well.
Re: 3 day notice to pay or quite
Yes, you can reject the money after the three-day notice period is up. A tenant has no right to reinstatement after a default and proper notice once the time in the notice has passed.
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