The Valencia landlord cannot prevent the tenant’s timely cure of a rent default by refusing to accept the rent payment during the 3 day pay or quit period. If the Valencia landlord refuses to accept the rent payment during the 3 day pay or quit period, the tenant may deposit it in a bank in the landlord’s name and provide the landlord with notice. This method results in “constructive acceptance” of the payment and cures the rent default.
On the other hand, the Valencia landlord is under no obligation to accept rent after the 3 day notice to pay rent or quit time frame has elapsed. In fact, accepting rent after the 3 day notice period may waive the Valencia landlord’s right to begin eviction proceedings against the tenant. Therefore, the landlord should not accept any rent tendered after the Valencia 3 Day Notice to Pay or Quit period has expired.
Other helpful landlord links relating to the 3 Day Notice (in particular the 3 Day Notice to Pay Rent or Quit):
- 3 Day Notice to Pay Rent or Quit – Downloadable Form.
- 3 Day Notice to Pay Rent or Quit – Required Content.
- Giving tenants proper notice to terminate tenancy.
- 3 Day Notice in California – What if the tenant wants to pay?
The Law Office of David Piotrowski can create and serve a 3 day notice on California tenants. Contact the firm today.
