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Barrister
Barrister, Lawyer
Category: Real Estate Law
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Experience:  14 years real estate, Realtor. Landlord 24+ years
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In California can a landlord serve 3 day notice if she accepted

Resolved Question:

In California can a landlord serve 3 day notice if she accepted partial rent? A tenants lease is up in November. In August, they shorted $7. September they paid half the rent of $875 (437.50), and October they paid $894.60. They are both on social security. Can I subtract rent and late fees from the security deposit? How do I make sure they leave in November?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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In California can a landlord serve 3 day notice if she accepted partial rent?
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Yes, there is no prohibition on a landlord serving a 3 day notice as long as the tenant is delinquent on the rent. If the tenant makes a partial payment and then receives a 3 day and makes another partial payment that the landlord accepts, the landlord would have to issue a new 3 day notice. This is because any payment accepted after issuing a 3 day would void the previous one.
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Can I subtract rent and late fees from the security deposit?
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Yes, CA law allows a landlord to use a security deposit for cleaning, actual damage, late fees, and delinquent rent once a landlord has terminated a tenancy and evicted.
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How do I make sure they leave in November?
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Your first move would be to serve them with the 3 day notice ot pay or vacate. Then if they don't pay everything that is owed within that 3 day period, you would have to file an unlawful detainer. (You start counting the day after you deliver the 3 day).
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The tenant has 5 days to respond or landlord can file for a default judgment. Once the judgment is final (tenant does not appeal) landlord can get a writ of possession. On the 6th day after getting the writ of possession delivered, landlord can have the sheriff supervise the eviction of any tenant and their belongings.

 

Tenant can stall the eviction a few weeks by appealing the unlawful detainer by filing an Answer. A judge will then set the case for a hearing normally within 20 days. At the hearing, both sides will present their cases and the judge will decide who should have legal possession. If the landlord gets possession he can get a writ of possession and 6 days later have the sheriff physically remove the tenant.

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Thanks

Barrister

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 24599
Experience: 14 years real estate, Realtor. Landlord 24+ years
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