In an unlawful detainer, can a landlord refuse payment in full and continue with the eviction?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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