Fullerton, CA asked in Landlord - Tenant for California

Q: On 3 day notice In CA that shows 7 months unpaid, can landlord apply payments made during that period to prev.rent due?

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2 Lawyer Answers

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

When a residential landlord gives 3-day notice for nonpayment of rent, if the landlord accepts any payment short of the full amount due, that will prevent the landlord from bringing UD action on the 3-day notice served. You should consult your own attorney to protect your legal rights.

A: As the landlord, if you accept partial payments of rent from the tenant, then you can issue a new 3-day notice to pay or quit to the tenants for the balance of rent due. Only include rent due in the 3-day notice, not any late fees, interest, etc.

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