she said she'll pay balance on the 15 th but today is 17 and nothing yet
Yes, absolutely. Just make sure your 3-day notice to pay or quit accurately reflects the actual amount of unpaid rent.
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.
Real Estate Attorney
Yes. In fact, we generally recommend that clients do just what you did. If the amount of the partial rent is greater than the burden of reserving a three day notice, take the money and just reserve. A bird in hand . . . If you need help with the eviction, please let me know.
Do not make a decision that could impact your income on a quick internet question, and quick answer. You should fully discuss with an attorney before proceeding.