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The
answer is, it depends on what type of notice was served and when the money
is tendered and accepted. With a 3-day to pay rent or 10-day to pay any
other charges, if the tenant tenders the full amount within the time period
on the notice, you must accept it. If you require the funds by money order
or certified check, make sure you put that in the notice. After the time
in the notice has expired, you do not have to accept the money. If you do
accept the money without some kind of stipulation, that acceptance will
cancel the eviction and you should let the attorney know as soon as possible.
With a 20-day notice to terminate a month-to-month tenancy, you can accept
the rent through the date given on the notice to terminate the tenancy,
but any rent money accepted for a rental period beyond that date will invalidate
the notice. For example, if the notice terminates the tenancy on July 31st
and you accept rent money for August, the notice is invalid.
With any other type of notice (3-day for waste, nuisance, 3-day for drugs,
or 3 day to quit, 10-day notice to comply) acceptance of rent after service
of the notice will waive the notice and you cannot use the notice or the
incident that caused the notice to be served as the basis for an eviction.
If you receive money in the night box, or accept it unknowingly, you should
return it immediately by personal delivery if possible, and if not, by mail.
Before you return it, make a copy of the check and return it with a letter
telling the tenant that you cannot accept the money and that the eviction
will continue. If you return the money by mail, post a copy of the check
and letter on the tenant's door as soon as you mail the original. Always
keep a copy of the check and the letter in the tenant's file.
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