California Apartment Association

Legal Q&A: What if tenant pays rent after I file for eviction?

Question: Our tenants deposit their rent directly into our bank account. This has worked well because we know exactly when the rent has been paid. Now we need to evict for non-payment of rent. Can they still deposit the rent, and if so, have I hurt my case?

Answer: Acceptance of rent after an unlawful detainer action (tenant eviction) has been filed is a waiver of the right to evict in most cases. To avoid this possible defense, write your tenant a letter documenting that you are not going to accept any more rent at this time. Periodically check your deposits, and if rent was paid, send it back as soon as possible.

Question: I am considering leasing to a corporation for use by their relocating personnel and/or short-time visitors. Who/what do I name as the tenant(s) to assure that any future legal action can be handled expeditiously?

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