I filed an anlawfull detainer and the defendant di not answer. I am going to file the entry of default if the tenants are willing to pay me the month of November can I receive the money and continue with the case?
Answer
No.
Answer
The unlawful detainer was because they did not pay the rent for November. If you accept money for November then they have cured the three day notice because you have in effect waived the time limits. You can not have your cake and eat it too.
Answer
I agree, acceptance of rent at this point waives the tenants breach of the lease and gives them a complete defense to your unlawful detainer action. If the judge got wind of it, your case would be dismissed and you have to start all over again.
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