Why Won’t My Landlord Accept My Rent After Starting the Eviction Process in California?

Introduction

Many tenants are shocked to find out that once their landlord starts the eviction process, they may refuse to accept rent—even if the tenant is willing and able to pay. Understanding why this happens can help you figure out your next steps and whether you have options to stop the eviction.

California’s Eviction Process and Rent Acceptance Rules

Once a landlord files an unlawful detainer lawsuit (eviction case), certain legal rules kick in that may prevent them from accepting rent. The reason for this refusal usually depends on the stage of the eviction process and whether the landlord intends to move forward with the case.

1. The Landlord Wants to Complete the Eviction

If the landlord has decided to proceed with eviction, they may refuse rent to avoid creating a legal issue where the payment could be seen as a waiver of the eviction notice or an agreement to reinstate the tenancy.

2. The 3-Day Notice to Pay or Quit Has Expired

If a landlord serves a 3-day notice to pay rent or quit, the tenant must pay the full amount within the three-day period. If the deadline passes, the landlord can refuse payment and proceed with the eviction lawsuit.

3. The Case Has Already Been Filed in Court

Once an unlawful detainer lawsuit is filed, some landlords refuse rent because they want to regain possession of the property, not just recover past-due rent. In some cases, accepting rent after filing could legally complicate their case.

4. The Eviction Is for Reasons Other Than Nonpayment

If the eviction is based on something other than unpaid rent, such as a lease violation or an expired tenancy, the landlord is not required to accept rent to stop the eviction.

Can a Tenant Force the Landlord to Accept Rent and Stop the Eviction?

In some cases, tenants may have legal options:

Paying Rent in Court (Rent Deposit Program) – Some counties allow tenants to deposit rent with the court to stop an eviction.
Raising a Legal Defense – If the landlord improperly refused rent or violated tenant rights, the eviction may be challenged.
Filing for Bankruptcy – In some cases, bankruptcy may be able to stop an eviction and allow repayment of rent over time.

What Should You Do If Your Landlord Won’t Accept Your Rent?

If you are facing eviction and your landlord refuses rent, you should act quickly. Consulting an attorney can help you understand your rights and whether you have options to stop the eviction.

Book your consultation with Eviction Defense Attorney Zak Fisher today.

Understanding Waiver by Acceptance of Rent

The concept of “waiver by acceptance of rent” implies that if a landlord, with full knowledge of a tenant’s breach—such as nonpayment or violation of lease terms—accepts rent, they may forfeit their right to proceed with eviction based on that breach. This principle is outlined in the California Civil Jury Instructions (CACI) No. 4324. According to these instructions, a landlord’s acceptance of rent after a breach can be interpreted as a waiver of the right to declare forfeiture of the lease.

Key Legal Precedents

Several California court cases have reinforced this principle:

Kern Sunset Oil Co. v. Good Roads Oil Co. (1931): The California Supreme Court held that a landlord who accepts rent with full knowledge of a breach affirms the lease’s continuation and is estopped from claiming forfeiture due to that breach.
Karbelnig v. Brothwell (1966): The court determined that a landlord could avoid waiving the right to eviction by explicitly notifying the tenant that acceptance of rent does not constitute consent to the breach or a waiver of the right to evict.

Implications for Tenants

If a landlord refuses to accept rent after initiating eviction:

Preservation of Eviction Rights: The landlord aims to maintain their legal standing to evict without the risk of waiving that right by accepting rent.
Legal Strategy: Refusing rent can be a strategic move to strengthen the landlord’s eviction case, ensuring that their actions align with legal precedents that protect their interests.

What Tenants Can Do

If facing such a situation, tenants should:

Seek Legal Counsel: Consult with an attorney specializing in eviction defense law to understand rights and potential defenses.
Document All Interactions: Keep detailed records of all communications and attempted payments to support any legal proceedings.

Understanding the legal rationale behind a landlord’s refusal to accept rent during eviction proceedings can help tenants navigate the situation more effectively and explore viable options.

Book your consultation with Eviction Defense Attorney Zak Fisher today.