Landlord Question and Answer Forum
File Unlawful Detainer if Partial Payment Made
I served a 3-Day notice to pay rent or quit to my tenant and ordered them to pay the full month's rent which was overdue. They paid half the requested amount which was deposited to my bank account (considered accepted) before the 3 days. Can I file an unlawful detainer for the other half or do I have to serve another 3-Day notice for the other half?
Lani F, CA on Wednesday, November 18, 2009
Ref:
RE: File Unlawful Detainer if Partial Payment Made
Landlord may accept a partial rent but only if the
landlord provides actual notice to the tenant that acceptance of the
partial rent payment does not constitute a waiver of any rights,
including any right the landlord may have to recover possession of
the property. Sidenote: I see more issues that come about from having a tenant directly deposit money into the landlords account. You may want to change this mode of payment.
Posted by
Donna , NC
on
Friday, November 20, 2009
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