Re: Notice for eviction for 2x late - Landlord Forum thread

Re: Notice for eviction for 2x late by NY-LL on June 7, 2012 @12:30

Calfornia Code of Civil Procedure Section 1161(4), Civil Code Section 1946.7
If you pay the rent that is due or correct a correctable violation of the lease or rental agreement during the three-day notice period, the tenancy continues. If you attempt to pay all the past-due rent demanded after the three-day period expires, the landlord can either file a lawsuit to evict you or accept the rent payment. If the landlord accepts the rent, the landlord waives (gives up) the right to evict you based on late payment of rent.

http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

[ Reply ] [ Return to forum ]

Re: Notice for eviction for 2x late by Anonymous (MN) on June 7, 2012 @12:51	[ Reply ]

Excellent post. Actually cited the actual law and to the point. This makes total sense. The landlord is still accepting the rent. He can't accept the rent and then evict. He can not accept the rent and evict as well. Once he accepts it, the balance is current. The landlord can choose not to accept the rent in the future if late, but that would be pretty stupid. He then is refusing the rent, going through the drawn out process of eviction, leaving his unit up to vacancy until he finds a new renter, etc. All of you who would evict based on a couple payments are horrible landlords and business people in my opinion. Weigh the options, get paid a week late or evict a tenant and risk a pissed off tenant trashing your place, vacancy after they do leave, likely court time and costs, etc. I definitely agree be more strict about when rent is due in the future, but evicting a paying tenant (albeit a late paying tenant) who doesn't have any other issues is plain stupidity.

Re: Notice for eviction for 2x late by Betty L on June 7, 2012 @16:47	[ Reply ]

Also, in the case of the smoking tenant. If the landlord accepts rent while the tenant is still in violation of smoking, the landlord might have waived the right to evict on that basis too.

Re: Notice for eviction for 2x late by OK-LL on June 7, 2012 @17:47	[ Reply ]

This applies to CA only. I know in OK I can accept the late rent after the p/q period and still evict, reducing the amount of the money judgment requested by the payment amount, even if it zeros out the rental account. I have actually done this more than once. And to the poster who thinks a terrible LL evicts over a few late payments, remember the adage "slow payment is the road to no payment" and decide how large a bag you want to be holding when the tenant finally fails to pay at all. You'll be well into the month (or months, depending on how big a sucker you are) before you even realize they aren't going to pay, then you have to institute the eviction procedure, assuming you haven't waived your right to collection by your past actions. Who's the DA now?