Must a landlord start an eviction all over again if the accept a partial payment from their tenant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Must a landlord start an eviction all over again if the accept a partial payment from their tenant?
We served the pay or quit notice then the 60 day notice. She then paid a part of the rent and asked for an extension on the eviction to see if she can come up with the rest of the money owed. If Igive her an extension does that mean that I will have to start all over with the eviction?
Asked on June 24, 2011 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Here the legal issue is whether accepting partial rent waives a landlord's right to continue toevict a tenant. The fact is that if you're being evicted for non-payment of rent, a landlord's accepting partial rent from a tenant after the eviction process has been started does not typically jeopardize their rights to evict their tenant. In other words, even if you pay you may not be able to stay. Landlords who accept rent in the middle of the eviction process typically do not intend to forfeit their right to evict their tenant; they simply want to cut their losses.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, it may. Generally speaking if a landlord accepts even partial payment of the rent after an eviction for non-payment is begun it voids - for lack of a better word - the action that has been started. So if you intend on going through with the eviction process based upon her non-payment for the time period in which the action covers I would not accept any rent from her at all. Otherwise you will have to start the process all over again. You are entitled to ask for a judgement for the rent owed in the eviction process so that may be a better option for you here. You are the best judge in this instance as to how you want to proceed.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.