Hi - my name is XXXXX XXXXX X'm a Real Estate litigation attorney here to assist you.
No, it is not true that your failure to respond constitutes an acceptance of his offer. That is ridiculous.
If he doesn't get your rent up to date within the 3 day period, you can proceed to file an unlawful detainer suit against him and have him evicted as soon as possible.
You certainly can accept his offer, but there's no obligation to do so.
If you accept the money, you'll have to find another reason to evict him. If he is illegally growing marijuana plants, that is certainly a breach of the lease as you cannot allow illegal activity to be taking place on your property.
You can say that the tenant is in breach of the lease without specifying the drug issues.
Also, if the tenant is month-to-month, you can just give a 30 day notice (if he's been there longer than a year, there's a 60 day notice period).
If the others are not tenants, you can demand that they vacate as they have not been allowed to be there with your permission.
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