Legal Question in Landlord & Tenant Law in California

landlord/tenent

I filed an unlawful detainer and the tenent contacted me to pay some of the back rent. If I accept any back rent from him even if it doesn't bring him up to date does that make my unlawful detainer void so that I have to file again? I live in california


Asked on 12/11/08, 12:10 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: landlord/tenent

Yes, however, if the tenant will agree to sign a stipulation for entry of judgment, you could agree to take the money, give him "X" number of days, weeks or months to get caught up, and if he doesn't meet the payment schedule, you can make application to the court for a judgment against him for possession and the money owed at that point. Do not take any money until you work out the stipulation, have it signed and ready to file at the court. Be aware that the Defendant (your tenant) will most likely have to pay a filing fee as his appearance by virtue of the stipulation requires a filing fee. I would strongly suggest buying a couple of hours of an attorneys time to draft the stipulation so its done correctly.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/11/08, 1:07 pm


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