Can a landlord accept rent after eviction in California?
Asked by: Mario Feeney | Last update: February 10, 2026Score: 4.2/5 (17 votes)
In California, a landlord can accept rent after an eviction notice, but doing so is risky and can unintentionally void the notice, potentially restarting the eviction process or creating a new tenancy, especially if it's for the same period the notice covers. If the payment fully cures the default (like for non-payment), the eviction may be waived; if the landlord wants to proceed with eviction, they should promptly return the payment and clearly communicate that, or ideally, consult an attorney to ensure proper handling to avoid legal issues, as accepting money can be seen as condoning continued tenancy.
Can a landlord accept rent during an eviction in California?
📌 If your landlord accepts part or all of the rent after the deadline in the Notice to Pay Rent or Quit, the Notice no longer counts. Your rental agreement keeps going. Your landlord would have to give you a new Notice with the new amount of rent due—if any.
Can you still pay rent after getting an eviction notice?
Short answer: Almost always yes -- you remain responsible for paying rent until a court issues a final judgment ordering otherwise or you vacate under an agreed settlement. How much you must pay, and what happens if you stop, depends on the eviction stage and local law.
Can a landlord collect rent after eviction?
In California, accepting rent after issuing an eviction notice can complicate the eviction process and may require the landlord to restart the process. This is because accepting rent could be interpreted as an acknowledgment of the tenant's continued tenancy, effectively canceling the eviction notice.
Will I ever be able to rent again after eviction?
Yes, you can rent again after an eviction, but it's harder; you'll need to be honest, pay off old debts, show financial stability (proof of income/savings), consider a cosigner, look for independent landlords, or rent a room, as the eviction stays on your record (up to 7 years) and shows up on tenant screening checks, impacting future applications.
Landlords Can’t Do THIS - Guide for California Landlords & Tenants
How to get a rental after an eviction?
Renting with an eviction involves finding lenient landlords (often private owners), using a cosigner/guarantor, or offering concessions like a larger deposit or prepaying rent, while also focusing on strong references, proof of income, and resolving the original eviction if possible. Many corporate complexes are strict, so target independent landlords, and be prepared to show you're now a reliable tenant by providing letters of recommendation and stable employment, say Zillow and Take Charge America.
Can a landlord undo an eviction?
As long as no legal action has been taken, you maintain full control over canceling the eviction with no involvement from the court system. Before the Court Hearing: Once an eviction case has been filed with the court, your ability to unilaterally cancel it becomes more limited.
What is the new eviction law in California?
California's eviction laws have new changes, primarily from AB 1482 (Tenant Protection Act of 2019) and newer bills like SB 567 (2024) and AB 2347 (2024), strengthening "just cause" eviction protections, clarifying owner move-in rules with stricter requirements (like the owner moving in within 90 days and staying 12 months), and extending tenant response time to 10 business days for eviction lawsuits (AB 2347), plus new security deposit photo requirements starting July 2025.
What happens if you move out but still owe rent?
If you owe rent and move out, you violate your lease, and your landlord can sue you for unpaid rent, damages, and legal fees, potentially leading to wage garnishment or a bad credit/rental history; your landlord must try to re-rent the unit, but you remain responsible for rent until a new tenant moves in or the lease ends, so communicate with your landlord to mitigate potential consequences.
Is there a way to get around an eviction?
Yes, you can often get out of an eviction by paying what you owe (if it's rent-related), negotiating with your landlord, fixing lease violations, or using legal defenses like improper notice; the key is to act fast, communicate, understand your rights, and seek legal help from a tenant lawyer or legal aid. Ignoring court papers is the fastest way to lose, so responding and trying to work out a solution or challenge the case is crucial.
How long can a tenant stay without paying rent in California?
In California, a tenant can stay without paying rent only as long as the landlord allows, but the landlord can start eviction proceedings with a 3-Day Notice to Pay or Quit after the rent is late (often after any grace period ends), giving you three days to pay or move out, excluding weekends/holidays, though some local rules, like LA's Just Cause for Eviction Ordinance (JCO), add complexities. While California doesn't mandate grace periods, they're common (3-5 days); after that, late fees apply, and non-payment is a valid reason for eviction, leading to an Unlawful Detainer lawsuit if ignored.
How badly does an eviction hurt your credit?
Does an eviction show up on your credit reports? The eviction itself won't show up on your credit reports. However, a landlord may choose to seek payment of unpaid rent by selling your debt to a collection agency. If your unpaid debt goes to collection it will show up on your credit report as an unpaid bill.
How soon can I rent after an eviction?
You can try to rent immediately after an eviction, but it's challenging because evictions stay on tenant screening reports for up to seven years, though some states may have different rules. Your best bet is to find lenient private landlords, offer more money upfront (like multiple months' rent), provide strong references, or find a co-signer, as property management companies are often stricter.
Can my landlord refuse to accept my rent payment?
Here are a few state-specific examples: California: Before refusing rent, a property owner must follow strict procedures, particularly once an eviction has begun. Accepting partial rent can reset or delay the eviction timeline (Cal. Code Civ.
Do evictions go on your record in California?
In California, an eviction can remain on your public record for seven years. This includes court filings and judgments, which can reach tenant screening companies and landlords. However, an eviction will generally only appear on record if a judgment is entered within sixty days of the start of your case.
Do I have to pay rent after an eviction notice in California?
In California, tenants are legally required to pay rent until the eviction process is complete, even after an eviction notice is issued. However, accepting rent may be seen as waiving the notice, which could complicate the eviction process and require the landlord to restart it.
How long can I stay if I don't pay rent?
You can stay as long as your landlord hasn't started formal eviction proceedings, which usually involves a written "Notice to Pay or Quit" (often 3-5 days). If you don't pay or move by that deadline, they can file for eviction, leading to a court date, and potentially a sheriff lockout in weeks or months, depending on your state/local laws and court backlogs, but you are legally in default immediately or after any grace period.
Is it worth suing for unpaid rent?
Taking a tenant to court for rent arrears can be worth it for a formal judgment to pursue collection (like wage garnishment or property liens), but it's often a difficult and costly path; many landlords focus first on quick eviction and moving on, considering the money lost as a cost of business, especially if the tenant has few assets, but debt reporting can help long-term. The key is prioritizing getting possession of the property first via eviction, then seeking a judgment for damages (unpaid rent, fees) through small claims court.
How to rent again with eviction?
Renting with an eviction involves finding lenient landlords (often private owners), using a cosigner/guarantor, or offering concessions like a larger deposit or prepaying rent, while also focusing on strong references, proof of income, and resolving the original eviction if possible. Many corporate complexes are strict, so target independent landlords, and be prepared to show you're now a reliable tenant by providing letters of recommendation and stable employment, say Zillow and Take Charge America.
What are three rights tenants have in California?
In California, three key tenant rights include the right to a habitable home (safe and healthy conditions like working plumbing/heat/locks), the right to privacy (requiring landlord notice for entry), and protection from retaliation and discrimination, meaning landlords can't evict or harass tenants for exercising their rights or based on protected classes like race, gender, or disability.
How long are evictions taking in California right now?
In California, evictions typically take 30 to 45 days if uncontested, but can stretch to 3 to 4 months or longer if contested, depending on court backlogs, tenant defenses (like housing code violations), and local ordinances. The process involves initial notices, filing an unlawful detainer lawsuit, serving the summons, a tenant response period (now often 10 business days), and potentially a trial, with significant delays possible at each stage, especially sheriff lockout.
How to get around eviction on record?
In some cases, you can have an eviction removed or “expunged” from your record, especially if it was filed in error or you've since resolved the issue. This process usually involves going back to court and proving that the eviction was inaccurate or unfairly reported.
How long can a tenant stay after an eviction notice in California?
If you lose your eviction case, you must move out within 5 days after the sheriff posts a Notice to Vacate on your door. If you need more time, you can ask the court for a stay of execution. A stay of execution does not mean you get to stay in your home forever.
What are my options if facing eviction?
Legal help
If your landlord is threatening to evict you, or you need help understanding your rights, talk to a lawyer. You may qualify for free legal aid, based on your income.