UD Served. Now tenant has past due rent.

Asked over 1 year ago - Sacramento, CA

New tenant missed first month rent. Will be served UD in Sacramento on 4/24. Now promises part of all of April rent.

#1. If I accept part of past due rents, does this stop the UD eviction? The renters are awful and I want them out without a minute's delay.

#2. If I accept all the past due rents, does this stop the UD eviction? I have to get them and the pit bull and the trash off the premises without any new proceedings.

They likely will not have May rent.

Attorney answers (1)

  1. James Carl Eschen III

    Contributor Level 16

    1

    Lawyer agrees

    1

    Answered . Accepting any part of the rent due could be construed as a waiver of the breach. If you do accept anything, tell them before hand that your acceptance of the amount due will not waive the breach.

    If they offer rent for all of April, do not take it. Even though the full rent was due April 1, a court could assume that they paid for April and should be able to keep living there.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

32,296 answers this week

3,354 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

32,296 answers this week

3,354 attorneys answering