What happens if the California landlord accepts rent after the 3 day period expires?

In California, a landlord may terminate a tenancy if the tenant does not pay his rent.  The first step in an eviction based on non-payment of rent is to give the tenant a “3 day notice to pay or quit.”  I am often asked by landlords what happens if they accept rent from the tenant after providing the tenant with the 3 day notice to pay rent or quit.

I discussed this topic in an earlier post entitled, “3 Day Notice in California – What if the Tenant Wants to Pay?”  This is a very important topic and will be summarized here:

If the tenant offers to pay rent during the 3 day period, then the landlord should accept the rent.  The landlord cannot decline the rent payment if the tenant offers to pay during the 3 day period.  If the tenant pays during the 3 day period, then the tenant has “cured” his default and the tenant will be allowed to stay in the house.  Please note, however, that the tenant must pay the full amount of unpaid rent that was specified in the 3 day notice to pay rent or quit.

If the tenant offers to pay rent after the 3 day notice period expires, then the landlord should not accept the rent if the goal of the landlord is to remove the tenant from the house.  Accepting rent after the 3 day notice period expired will likely cause any pending eviction lawsuit to fail.  Landlords should only accept rent after the 3 day notice period if they want to allow the tenant to remain in the house.

Other helpful landlord links relating to the 3 Day Notice to Pay Rent or Quit:

Contact the Law Office of David Piotrowski to begin your eviction today.

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This article is courtesy of the Law Office of David Piotrowski, a California law firm representing landlords with eviction matters.

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The Law Office of David Piotrowski

represents California landlords.

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