Tenant Partial Payment, Late - Deposits directly into my account

[Jeffrey McConnell]

Hi, I am hoping I can glean some knowledge from the vast brainpower on the forum!

- I have a home in Southern California; over the past 20 months, there have been issues with my tenant paying rent on time.

- We sent a 90 day notice of nonrenewal of lease via certified mail, texted, emailed, and spoke via phone about not renewing; the 24 month lease expires 6/30 at 8:00 PM.

- He partially paid ($1,600 of the $3,600) yesterday by visiting a branch and depositing directly into my checking account (which is his normal pattern). 

Am I still able to send him an unlawful detainer on the home; he deposited the 1600, but he can go to any wells fargo branch and make a deposit whenever he wants...meaning I didn't "accept' the partial payment, he deposited the 1600 without telling me.

Now, it gets weird...

When he rented the house (21 months ago), he put himself and his daughter on the lease as people who will be living in the house.  I learned that may have converted the home to house for youths who have a checkered past (it is a noble cause, but the lease doesn't allow for this).  When I learned this, my wife and I decided to allow him to stay there since he was paying his rent and it could be costly to evict him. 

Fast forward 21 months, his lease is coming due and we are more able to handle the attorney fees to evict.

My question to the long backstory is I'm still owed $2,000 in unpaid rent for April - which is now late; can I send him an unlawful detainer for the unpaid 2,000 rent, or do I need to wait until next month?

Thanks and sorry for the rambling.

[Andrew B.]

You live in California and don't know what you are doing. Hire an attorney. If you think a professional is expensive, just wait and see how much it will cost you by hiring an amateur (yourself).