In an unlawful detainer, can a landlord refuse payment in full and continue with the eviction?

UPDATED: Sep 29, 2012

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In an unlawful detainer, can a landlord refuse payment in full and continue with the eviction?

The only breach of contract was non-payment of rent.

Asked on September 29, 2012 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, if you have offered full payment prior to the judgement of possession (court ruling that the landlord is entitled to possession and may evict), the landlord must take the money and may not evict. After the judgment of possession, but before the warrant or writ of removal is executed and you're locked out, the landlord can refuse payment.

If you haven't had the trial or hearing yet, bring all the money to court with you and let the judge know you have it, will pay it, and previously offered to pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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