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Can landlord evict you if you made a partial rent payment?

Antioch, CA |

On 6/8 I paid $2200 of $2690 rent balance. On 6/22I I paid remaining $490 thru landlords online payment portal and received a thank u for your payment notice. On 7/7I was served with unlawful detainer for non payment of rent of 490 from June. Checked my account and payment never went thru. Guess landlord stopped the payment. Is it legal to try to evict me in Juky because only partial rent was paid in June?

Attorney Answers 3

Posted

The short answer is yes. If you have a lease agreement, then you agreed to pay a certain amount of rent each month under its terms. If you don't have a written lease, you still presumably agreed that rent would be a fixed amount each month. Therefore unless you pay all amounts due and owing pursuant to your lease agreement and/or your oral agreement, you are in breach and your landlord can undertake to evict you.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

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Posted

Yes, of course.

Your post is a bit unclear. When you say you were "served with unlawful detainer", were you initially served with a 3-day notice to pay or quit? If so, did you attempt to pay within the 3 day period?

A landlord is not obligated to accept rent after the expiration of the 3 day period.

The complaint for unlawful detainer, however, must clearly allege the service of the 3 day notice to pay rent or quit, and must allege that the amount of unpaid rent is exactly the same as what is stated on the 3 day notice.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

While I cannot give you legal advice in this forum, I agree with what has been stated by other counsel. I do note that in addition to what has been said, you may have a defense to eviction if you can prove you submitted the late payment through a method authorized by the landlord within the 3 day period after receiving the Notice to Pay or Quit and the failure of the payment to go through was the fault of the landlord, and not you.

THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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