Does accepting rent cancel a 30-day notice? California

[bch221]

What is the name of your state? California

I served my tenant a 30 day notice to vacate which expires on Dec 9. If the tenant pays rent on the first for the 9 days only, all is well. If the tenant attempts to pay for the month through Dec 31, do I accept it or not? If I accept it, can I refund the difference without canceling my 30-day? If I decline it I might not have enough to cover it from the deposit.

 

[JETX]

I served my tenant a 30 day notice to vacate which expires on Dec 9. If the tenant pays rent on the first for the 9 days only, all is well. If the tenant attempts to pay for the month through Dec 31, do I accept it or not? If I accept it, can I refund the difference without canceling my 30-day? If I decline it I might not have enough to cover it from the deposit.

HUH??? The simple matter is..... do you want the tenant to remain or not? If you do, then accept the rent and move on.
If you want to terminate the tenants right of tenancy, then let them move. If they don't move on their own, evict 'em.

 

[bch221]

Of course I want the tenant to move, that was the purpose of the 30-day. I also want 9 days worth of rent to pay for Dec 1-9. So the question is-If the tenant tries to pay rent for Dec 1-31 can I accept it and refund the difference? OR Must I decline the (31 day) payment and ask for the amount equal to 9 days in a 3-day pay or quit? Bottom line, I want the tenant out by the 9th and I want 9 days worth of rent.

 

[JETX]

If the tenant tries to pay rent for Dec 1-31 can I accept it and refund the difference? OR Must I decline the (31 day) payment and ask for the amount equal to 9 days in a 3-day pay or quit? Bottom line, I want the tenant out by the 9th and I want 9 days worth of rent.

If you accept the rent for the month of December, it terminates your 30 day notice. So, your options are to hope they pay the 9 days rent on their own... or file a lawsuit to recover the unpaid rent when they move.
What you 'want' has nothing to do with this.

 

[bch221]

Thank you for your response.

In your opinion is it a waste of my time to serve a 3-day notice to pay or quit, asking for 9 days of rent?

 

[KimberlyCali]

If they didn't pay the nine days' rent on the date that it was due (assuming on the 1st ) then absolutely serve them with a three-day to pay. Who knows maybe they will opt to move before the three days is up instead of paying the money to you. (I actually had it happen once.) I am sure that you would prefer to have them out on the 4th instead of the 9th right? Also the notice will let them know exctly what amount their pro rated rent is. Maybe they can't figure it out.

Good Luck! (^o^)

 

[bch221]

Thanks for your help.