Real Estate Law
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Is the unit an illegal rental unit or could it be considered uninhabitable?
Also, is this a rent controlled area?
"Landlords of illegal units can evict tenants who refuse to pay rent by taking the same action as landlords of compliant units. However, they cannot claim past due rent. In rent-controlled areas where the tenant is entitled to relocation assistance, the money remains due even if the property is illegal. The tenant can also file a claim against the landlord for the return of previously paid rent. The caveat is if the tenant is herself at equal fault, for example, because she knew about the requirement for a Certificate of Occupancy and was aware that the landlord didn't have one when she signed the lease."
You cannot accept payment if you plan on evicting them.
What you should do is not accept payment and re-send the notice and re-file the eviction.
You would need to pay the filing fee to refile the eviction.
You are very welcome.
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You can try, but at this point it is irrelevant.