Skip to main content

[CA] Is a three-day eviction notice valid after a landlord accepts partial rent from a commercial tenant during the month?

Legal Eagle
Legal Eagle

134,901 satisfied customers

View context
Solved

In California commercial leases, landlords can accept partial rent like your $600 without stopping the process if the three-day notice includes specific language under Code of Civil Procedure §1161.1(b). Your texts and check copies strengthen your position to challenge the notice's validity or service timing. Pay the full balance right away to show good faith and preserve your defenses. Keep documenting every contact with the manager moving forward.

0

California 3-Day Notice to Quit Form | Non-Compliance (Curable)

Full Conversation


I am a commercial office building tenant. I have a five year signed lease. I always pay my rent in full including late fees, because the business has totally dropped off due to ICE activity in the area, forcing me to collect from my other business interest to keep this business afloat. The manager keeps insisting that I give an exact date the rent will be paid, but I've explained that I can't because I'm collecting other moneys to support this business. I constantly remind her that I always pay, but she is now getting pushy and almost disrespectful. I paid $600 of the $2500 rent on the 10th, then went to the shop to pay the balance on Saturday, February 28th, at 1pm, but found that I had been served a three day eviction notice. Now I'm confused! I was served, and it was still February. What do I do? I always pay my rent throughout the month as I make my collections, what do I do? I tried to call the manager with no answer, so I waited until Monday to see what was going on. She yelled at me the instructions to pay, but I reminded her that I was going to pay on Saturday but didn't know what to do. What are my rights?

Lexi

Lexi, Chatbot

I understand how stressful this situation must be for you. Can you please confirm if you have received any written communication from your landlord regarding the eviction notice?

Nothing other than the Three Day Notice.

Lexi

Lexi, Chatbot

Have you documented all your communications with the manager regarding your rent payments and the eviction notice?

Only texts, and copies of the checks paid.

Lexi

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction notice.

No.

Legal Eagle

Legal Eagle

Hello, I'm Legal Eagle. I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like.

Legal Eagle

Legal Eagle

In California commercial leases, landlords can accept partial rent like your $600 without stopping the process if the three-day notice includes specific language under Code of Civil Procedure §1161.1(b). Your texts and check copies strengthen your position to challenge the notice's validity or service timing. Pay the full balance right away to show good faith and preserve your defenses. Keep documenting every contact with the manager moving forward.

Legal Eagle

Legal Eagle

134,901 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

Legal Eagle
Welcome! Have a similar question?

12 lawyers online now

0:00

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Disclaimer


By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.

Ask a Lawyer Logo
Ask a Lawyer Logo
Intake Questions
Step  of 3
Loading...

What's your legal question?

Lexi, Chatbot

How would you like your legal question to be answered?

Online

Loading...

How do you like to pay?

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

After connecting, your chat will begin with an attorney. After choosing, your chat will continue with Legal AI.

It looks like you already have an account with Ask a Lawyer.

We have sent you a magic link to . Click the link in your email to sign in and continue your chat.

spin

Step of 6 •

You'll receive an email at as soon as the lawyer joins the conversation 🙏🏻😊

Over 90% of lawyers connect within 5 minutes. If you're not online at that moment, don't worry — the lawyer will reply to your message while you're away.

You're also welcome to stay in the chat while waiting to be connected 💬✨

Waiting for lawyer

We couldn't send your message. Please try again.

Your lawyer will reply as soon as possible

If there’s a delay, please don’t worry. Your chat will stay open, and they’ll get back to you as soon as they can. There’s no rush on your end either. You’ll receive an email notification as soon as there’s a new message.

You've reached your AI chat limit

Upgrade your plan to continue chatting and get instant domain-specific answers.

0:00