Partial payments received by Commercial Landlords during eviction actions or before a commercial unlawful detainer is filed is not uncommon. The receipt of a partial payment does not waive a landlord’s right to pursue the eviction and at a minimum, the Pay Rent or Quit notice should state the same. With respect to seeking the difference owed, C.C.P. § 1161.1(b) requires that the landlord specify the demand for partial payment in the complaint if received prior to filing. “If the landlord accepts a partial payment of rent, including any payment pursuant to subdivision (a), after serving notice pursuant to Section 1161, the landlord, without any further notice to the tenant, may commence and pursue an action under this chapter to recover the difference between the amount demanded in that notice and the payment actually received, and this shall be specified in the complaint. (Emphasis added.) As follows, if partial payment of rent is received after filing the complaint, the landlord is entitled to amend the complaint without prior leave of court and without delay to the expedited eviction proceeding. See C.C.P. § 1161.1(c).
If you are a commercial landlord facing the prospect of evicting a commercial tenant, contact one of our Los Angeles Commercial Eviction Attorneys today for a free consultation and case evaluation.