Accept partial rent, then serve a 3 day notice?

[Roy Lam]

I have a tenant that in the past few months she has been late on paying rent. She would pay a portion first, then more later during the month. This has been going on for the last six months and I am getting tired of this.  I know she is having a hard time to come up with the full rent since her roommate moved out.  This coming month I am planning to take whatever she gives me first, and give her until the 15th to pay all of it.  Otherwise, I will give her a 3 day notice, then evict her.

My question is, if I take part of the rent , can I still give her the 3 day notice?

[David Hutson]

@Roy Lam,

Yes, you can give her a three day notice on the balance of the rent after she pays you.  It's definitely hard when you have a tenant move out.  To me, it sounds like she is trying to make this work.  I would try to keep her as a tenant unless there is more to the story.

Maybe you could help her find a roommate or provide some info on where she could look to find someone.  This would save you the cost of turning the place, loss of rent and then rerenting the home.

If you are set on having her move out after you collect a partial payment why not try to work with her on getting out.  Is there a reason to go directly to eviction?  Give her the three day notice and then ask her if she has somewhere to go or has another option.  Usually tenants don't but it's worth a try to do a "cash for keys" option.  It may take another week but save you several hundred dollars if she will move out willingly.

I have been doing this for 17 years in CA and it doesn't work often but I always try if there is a good tenant in the home.  

Eviction isn't good for anyone and you should do some research and be ready to explain how it can hurt the tenant, difficulty in renting again, costs/fees, etc. Explain it from the tenants perspective and don't do it from the landlord's view, loss of rent, turn, etc.

Good luck,

David