Can I get more time to move since my landlord has taken partial payment from me? 3 Answers as of September 26, 2013

My landlord gave me an eviction notice for 5 days on 9/19/2013 but he has taken partial payment from me. I need more time to move.

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Law Offices of George H. Shers | George H. Shers
Taking partial payment in California would void the five day notice Which state are you in?
Answer Applies to: California
Replied: 9/26/2013
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
If the additional monies accepted by the landlord cover rent beyond the expiration of the five day notice, the court would treat the landlord as waving the notice.
Answer Applies to: California
Replied: 9/24/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
Unless you owe back rent as well, and for which the partial payment would be applied to first, accepting a partial payment operates as a waiver of the breach of not paying rent. If you landlord accepted it and decides to continue to evict you in court, respond to any summons and complaint you receive and be sure to assert waiver as a defense. I would highly recommend you contact an attorney right away to assist you with this process and to ensure your rights are protected.
Answer Applies to: Washington
Replied: 9/24/2013
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