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Q.My landlord orally agreed to accept partial payment of my rent and said I could pay the balance in a week. Can he evict me?
A.Yes. Tenants are required to pay their rent in full and on timel. California Code of Civil Procedure Section 1161 allows the landlord to take a partial rent payment and still serve the tenant an eviction notice (typically a 3-Day Notice to Pay or Quit.
A written agreement, however, is binding. If the landlord agrees to accept a partial rent payment and to provide a grace period for the balance, the tenant must get the agreement in writing for it to be enforceable. The written agreement should state the amount of rent the tenant will pay on time, the date by which the rest of the rent must be paid, the amount of any late fee the tenant must pay, and the landlord's agreement not to evict if the tenant actually pays the amount due by that date. Both the landlord and the tenant should sign and date the agreement and both should have a copy.
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