If alandlord accepts money for rent to give you an extra week, does that make a previously served eviction notice invalid?

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If alandlord accepts money for rent to give you an extra week, does that make a previously served eviction notice invalid?

I was given an 30 day notice of eviction when I paid my rent. When my time was up and my rent would have been due again i had not found a place yet. My landlord said if i pay him for a week I could stay the week and look for a new place but by taking that money does that void the eviction notice? If so that means that I have to be given a new 30 day eviction notice to move giving me another 30 days. Is this correct?

Asked on October 5, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are so many things wrong with what happened here that I can not even begin.  First, the landlord can not hand you a 30 day notice of eviction when you pay your rent.  Landlord can not serve a tenant in an action for eviction (that law is pretty standard in very state but double check).  Second, the landlord can not accept the rent once they serve a notice to evict you (I am assuming that you are a month to month tenant, correct?) so that voids the notice on a second point.  Third, once the landlord accepted any form of rent for extending your time there that established your tenancy once again.  The issue will be does it reinstate the 30 day rental agreement or start a new rental agreement for a week to week tenancy.  Either way, once the landlord starts the petition for eviction you have affirmative defense to defeat it.  Good luck.


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