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Can i still be evicted in CA if i have the Full Rent and fees , next morning of 3 day notice expiration?
8 Answers
- ?Lv 72 years ago
If they accept full payment of the rent that should cancel the eviction if they refuse to accept the rent, for whatever reason, then I guess the eviction continues though this is kinda odd - if the rent was paid in full then why not just take it.
Some people are saying they can accept full payment of the rent and continue the eviction if full payment was made after the 3 days - I don't work in CA but there is no way. Ever seen a landlord go into court and tell the judge "yeah I accepted all the rent but want to evict them anyhow because it was after the 3 days were up" - they'd probably get laughed out of court. If they accept the full rent, plus fees I almost (but not completely) guarantee that this will stop the eviction - I highly doubt the landlord would even go to court. The only exception to this that I know of is in some states you don't have to halt an evction even after payment of the rent if its the 4th time, or more, that the eviction was filed and granted.
One more point that may come up via this question. The 3 day notice typically doesn't start until midnight on the day the notice was delivered (so landlord give you notice on the 17th, notice starts on 18th and runs through 20th - they can file an eviction on the 21st but must take payment anytime before the 21st). So if you had payment on the 4th day, this was likely the 3rd day the notice actually ran. In this case even if the landlord somehow refused the payment, they were supposed to accept the payment so the eviciton should be done - explain it to the judge and you'll likely win this one if this was before 3 full days had run.
- TiLv 72 years ago
Yes, but it would be up to the landlord. A landlord NEVER has to accept late payment of rent. If he goes through with the eviction, the judge can not override his desire to get rid of you.
- curtisports2Lv 72 years ago
The eviction can begin. It will take several weeks for the process to be completed, and that's if the landlord won't take your money and insists on evicting you, and when you show up in court with the money, the landlord still insists on evicting you and the judge grants the eviction. If you have the money, tell the landlord you have it and see if they will accept. If it's the first time, they almost certainly will. If this has happened several times, they might just want you out.
- Landlord365Lv 62 years ago
YES you can! Paying on the 4th day is still in violation of the notice.
On your other question you asked about a partial payment. You are either lying or not telling the entire story here.
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- Anonymous2 years ago
Yes, the landlord may just want to get rid of you
- R PLv 72 years ago
Yes, if the landlord truly wants you out.
Have you even bothered to call your landlord to let him know you'll have all of the money the day after the notice expires? He may be willing to accept it and stop the eviction process against you, but you'll never know if you don't ask.
Source(s): FL landlord