Legal Question in Real Estate Law in California

acceptance of rent after 30 days

My landlord served me a notice on Aug. 27, 2001

that they wished to put their property up for sale

and that I needed to be moved by Oct. 1 of this

year.

On Sept. 25th (our usual rent day) he showed up

at this time we told him we were having an

extremly hard time locating another residence. He

then acceped rent for another 10 days and said

when we told him we really were trying to find

something ''well, we'll just take it 10 days at a time

and see how it works out.'' Now he has filed an

unlawful detainer that showed nothing about the

10 days rent paid until Oct. 5,2001. In fact in the

complaint he lists he is owed compensation from

Oct. 1,2001 to whenever we are out of the rental.

We need more time but don't want an eviction on

our record. Part of the problem is that I just got a

job with the school system and all rental agencies

insist you be employed in current job for at least 3

months. We filed an answer about the partial rent

payment and have a court date on Nov. 19, 2001.

What will happen? I thought he had to serve

another thirty days notice if he implied that he

wasn't going thru with eviction.


Asked on 11/13/01, 2:23 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: acceptance of rent after 30 days

acceptance of rent past the 30 days voids the thirty day notice and renews the month to month rental. You should raise this issue as an affirmative defense in your answer to the unlawful detainer.

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Answered on 11/27/01, 2:18 am


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