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Can my landlord start eviction if they have accepted partial payment on a 3-day notice within the 3 days?

Sherman Oaks, CA |

I was served a 3-day notice for $2000 late rent. within 2 days I gave a partial good faith payment of $275.00. It is now 10 days after the notice and I have paid the full balance, but my manager told me that they want to start eviction.

If they accepted and cashed the $275.00 payment and never served me another 3-day notice for the CORRECT amount owed ($1725) can they start eviction?

Attorney Answers 3


No (assuming you are referring to a residential lease, not a commercial lease which has different rules).

Once the landlord has served a 3 day notice for nonpayment of rent, if the landlord accepts rent from the tenant, the 3 day notice is invalid because it no longer accurately reflects the amount the tenant owes. A new 3-day notice will have to be served.

If the unlawful detainer lawsuit had already been started when the landlord accepts partial rent from the tenant, a new complaint will have to be filed. In an unlawful detainer lawsuit, the amount due that is stated in the complaint must match the amount due that is stated in the 3 day notice.

Of course, even though the notice is invalid, it probably won't stop your landlord from filing the unlawful detainer action anyway. If this happens, you will still have to defend the unlawful detainer action and raise the appropriate affirmative defenses which include the defective notice.

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They do not have to serve you with another 3-day notice if the first one was legally sufficient. If you paid in full after being served, why would they want to evict you? For failure to pay rent? No, since you just stated you paid in full. I would ask the manager what the reason for the eviction is now, considerig you are paid in full...

Disclaimer: The above answer does not constitute legal advice. The response provided is for general legal education only and the answer should not be relied upon as legal advice.

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My apologies, I mis-read your question. Attorney Chen is correct. The amount demanded in the complaint must reflect the amount demanded in the 3 day notice.

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