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I am in the middle of a very nasty unlawful detainer suit for nuisance/illegal use. The tenant has a daddy lawyer and is requesting a jury trial. We had a settlement conference today in which he admits that he doesn't have enough holdover rent for the 2 months that he's been living here awaiting the trial. He will have been here 3 months by the time the actual trial is there, without paying any rent. Can I simply serve a 3-day notice to pay rent or quit for the 3 months he owes me, and dismiss the nuisance suit without a penalty, knowing that he cannot pay me at this time, and then refile?