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Does Tenant Continue to Pay Rent During the Eviction Process

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  • 01-15-2015, 02:05 AM
    VeryRandom
    Does Tenant Continue to Pay Rent During the Eviction Process
    My question involves an eviction in the state of: CA

    I've been reading about the eviction process and would like verification.

    There is a source that says the tenant does not pay rent through the eviction process. Is this correct? If so, if I only have part of the disputed amount and not accepted, do I keep that until after judgment?
  • 01-15-2015, 07:07 AM
    adjusterjack
    Re: Does Tenant Continue to Pay Rent During the Eviction Process
    Quote:

    Quoting VeryRandom
    View Post
    My question involves an eviction in the state of: CA

    I've been reading about the eviction process and would like verification.

    There is a source that says the tenant does not pay rent through the eviction process. Is this correct?

    Well, that's why you're evicting. For non-payment.

    Quote:

    Quoting VeryRandom
    View Post
    If so, if I only have part of the disputed amount and not accepted, do I keep that until after judgment?

    Depends.

    Did you evict because you only got partial rent?

    Or did you accept partial rent after you filed for eviction?

    You can't "not accept" something and keep what you didn't accept.
  • 01-15-2015, 11:11 AM
    VeryRandom
    Re: Does Tenant Continue to Pay Rent During the Eviction Process
    Quote:

    Quoting adjusterjack
    View Post
    Well, that's why you're evicting. For non-payment.



    Depends.

    Did you evict because you only got partial rent?

    Or did you accept partial rent after you filed for eviction?

    You can't "not accept" something and keep what you didn't accept.

    I'm the one being evicted and ...If the landlord accepts payment after the 3 days, it voids the eviction process, if efforts of solution with the 3 day notice to pay or quit, fail.
  • 01-15-2015, 01:42 PM
    adjusterjack
    Re: Does Tenant Continue to Pay Rent During the Eviction Process
    Quote:

    Quoting VeryRandom
    View Post
    I'm the one being evicted and ...If the landlord accepts payment after the 3 days, it voids the eviction process, if efforts of solution with the 3 day notice to pay or quit, fail.

    Accepting a partial payment cancels the 3 day pay or quit notice but the landlord can turn around and serve a new 3 day pay or quit notice for the balance and proceed with the eviction if the balance is not paid.

    If you are planning on making a partial payment before the 3 days are up talk to the landlord first and see if you can get a written forbearance agreement with a payment plan for the balance.

    Otherwise you'll be throwing your money away because you'll get evicted anyway.

    Of course, you'll still owe the money and he'll be able to get a judgment for it and that's not going to be a good thing.
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