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UD Served. Now tenant has past due rent.

Sacramento, CA |
Filed under: Landlord-tenant law

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. 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.

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