How must it be served? Does the tenant have 3 days from the date of the letter to responsed or 3 days after they receive the letter? If part of rent was accepted (rent is due on the 1st past due after the 5th.Late fees start on the 6th unless it falls on weekend or holiday) Can the full amount be filed for in court even if the landlord accepted the partial payment and is just sitting on it. Can't seem to get a striaght answer from any lawyer in my area. Need help with this matter now. Thank-you
Real Estate Attorney
I am not sure two which "3 day notice" you are referring. I am assuming that you mean the demand for possession. There is no fixed time to respond to such letters, the letter typically will provide when you have to be out by. If this is a residential lease, you have a one-time right to pay the rent and make the dispo go away. If landlord accepts less than the full rent, you have a defense going forward if he continues with the action (commercial landlords can accept less than the full rent and still prosecute for eviction).
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