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  1. #1

    Default Landlord Accepted Partial Rent, But Now Refuses Balance And Is Evicting

    California

    My friend and her husband have rented the same house for over 16 years. Her husband was injured in an accident and they did not have the full rent on the first. My friend contacted the landlord, who agreed to take 1/3 of the rent on the first and give them the rest of the month for the balence. on the 22nd they went into her office to pay the balence and were told she could not accept it. On the 23rd they were served with an eviction notice. Can a landlord refuse to accept the rent and then evict? what options does my friend have? with her husband temporarily off work, she can't afford either to move or hire a lawyer.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: landlord accepted partial rent now refuses to accept the balence and is evicting.

    Quote Quoting cayla99
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    Can a landlord refuse to accept the rent and then evict? .
    Was the offer of rent the complete amount required, including any late fees/penalties?

    Was the eviction notice a 3 day or 30/60 day notice?

    Here is a good link to California landlord tenant laws. Depending on what type of notice you were given appears to determine of the LL must accept the rent or not.

    If the LL has simply given you a 30 or 60 day notice, then you are moving. If the LL gave a 3 day notice, then, from what I gleaned at that website, you have the right to cure. (pay the rent in full within that 3 days)

    California seems to have a very pro-consumer position concerning rentals and seem to have a renters advocacy office in many many towns. You may look for one in your area to assist you if you cannot resolve things with your LL.

  3. #3

    Question Re: Landlord Accepted Partial Rent, But Now Refuses Balance And Is Evicting

    If my friend voluntarily moved out before the eviction is completed, would the eviction be automatically dismissed and would she then be able to state that she had never been evicted on future rental applications?

  4. #4
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    Default Re: Landlord Accepted Partial Rent, But Now Refuses Balance And Is Evicting

    You haven't answered questions asked of you about the situation.

    Until now you hadn't indicated that an eviction lawsuit had been filed. If your friend wishes to settle the lawsuit, she should make sure that the case is in fact dismissed upon her payment of the rent owed.

  5. #5
    Join Date
    Jan 2006
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    Default Re: Landlord Accepted Partial Rent, But Now Refuses Balance And Is Evicting

    that sure took a turn.

    Since you cannot simply leave an apartment, she would be abandoning the apartment and the LL would still be required to evict her to bring a finality to the situation. If the LL did not continue with that action, then your friend could claim she still lived there and cause problems.

    if anything, a deal needs to be struck with the landlord. That is who holds your friends future at the moment and he has no requirement to drop the eviction, even if your friend were to leave.

    the simple answer is; she needs to ask the LL that same question.

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