Partial Rent Payments and Eviction Risk in California

If you’re facing financial hardship and can only pay part of your rent, it’s important to know how California law addresses partial rent payments and eviction risk. This guide explains your rights and obligations, the eviction process, and which state-approved forms you might need. Learning these steps can help renters avoid mistakes and protect themselves during challenging times.

Understanding Partial Rent Payments in California

Under California law, landlords are generally not required to accept partial rent payments unless a written agreement says otherwise. Even if a landlord accepts partial payment, you could still risk eviction if the remaining rent is unpaid. California’s main rental laws fall under the California Civil Code Section 1940-1954.06.^[1]

What Happens if You Pay Part of Your Rent?

• Unless the landlord signs a written agreement to accept less than full rent, the remaining balance is still due.
• If you only pay part of your rent, your landlord can still serve a 3-Day Notice to Pay Rent or Quit for the unpaid amount.
• Accepting partial payment does not always mean the landlord has waived their right to start eviction.

Renters should communicate with their landlord in writing if they need to make a partial payment and try to get any agreement about the payment in writing, too.

Eviction Process for Unpaid or Partially Paid Rent

California’s eviction process for nonpayment begins with a legal notice, and there are official steps you must follow to protect your rights.

Official Notice: 3-Day Notice to Pay Rent or Quit (Form UD-101)

• What is it? A formal notice from your landlord giving you 3 days to pay what you owe or move out.
• When is it used? After rent is late or only partially paid, the landlord can serve this notice. If you pay in full within 3 days, you may stop the eviction.
• Download the official 3-Day Notice to Pay Rent or Quit (UD-101)

Be aware: If your landlord accepts a partial payment after sending this notice, it could affect how or when they file for eviction—but the risk doesn’t automatically go away.

Responding to a Lawsuit: Unlawful Detainer (Eviction) (Form UD-105)

• What is it? If the landlord files for eviction (called an "Unlawful Detainer"), you must respond quickly with the right form.
• When is it used? After you receive legal papers about eviction. You have 5 days to file your response in court.
• Download the official Answer - Unlawful Detainer (Form UD-105)

Your Rights and What To Do If You Receive an Eviction Notice

• Do not ignore any eviction notice. Respond within the required timeframe.
• If you can pay the full amount within the notice period, do so and get proof of payment.
• If you can only pay part, ask your landlord for a written agreement that states accepting partial payment will stop or pause the eviction process.
• If you receive a court summons, use the Answer - Unlawful Detainer (Form UD-105) to respond in court.

You can also seek mediation or free legal aid. For more guidance, visit the California Courts Self-Help Eviction Portal.

Who Handles Rental Disputes?

In California, the Superior Court in your county handles residential tenancy disputes, including evictions.

FAQ About Partial Rent Payment and Eviction in California

1. Can a landlord refuse to accept a partial rent payment in California?
   Yes, landlords do not have to accept partial payments unless they agree in writing.
2. Will a partial rent payment prevent eviction?
   Not always. Unless there’s a written agreement, the landlord may still pursue eviction for the unpaid balance.
3. If I get a 3-Day Notice, can I pay only part of what’s owed?
   No. To prevent eviction, you should pay the full amount listed in the notice within 3 days.
4. What form do I use if served with an eviction lawsuit?
   You use the Answer - Unlawful Detainer (Form UD-105) to respond.

Conclusion – Key Takeaways

• Partial rent payments may not stop eviction unless the landlord agrees in writing.
• Always respond quickly to any legal notices and use official court forms.
• Keep documentation and seek official help if you face eviction.

Need Help? Resources for Renters

• California Courts Self-Help Eviction Resources
• California Housing Is Key – Tenant Rights
• Contact your local Superior Court for filing or responding to notices

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1. California Civil Code Sections 1940-1954.06 – Tenant Protections
2. 3-Day Notice to Pay Rent or Quit (UD-101) – California Courts
3. Answer – Unlawful Detainer (UD-105) – California Courts
4. California Courts Self-Help Eviction Portal

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