In California, does partial payment after a lien require starting over w/ prelien prior to auction?

If a tenant is sent a prelien and lien and then makes a partial payment but never reaches a zero balance, is another prelien and lien required prior to the next auction?

Answers

  • MamaDuke7
    MamaDuke7 Registered User, Daily Operations Certified, Advanced Operations Certified, Administrator Certified, myHub Certified ✭✭✭✭✭
    Yes, unless they signed a partial payment agreement acknowledging that the partial payment doesn't stop the process.  Even if it's in the fine print of your contract, it's always better to err on the side of caution because a judge is highly likely to side with the tenant.
  • teamcapitola
    teamcapitola Registered User, Daily Operations Certified, Advanced Operations Certified, Administrator Certified, myHub Certified ✭✭✭✭✭
    Remember that you are not under any obligation to accept a partial payment.

    We do, but only from the listed occupant and only if a partial payment form is signed (just like @MamaDuke7 said).

    A "friend" cannot come make a partial payment, nor will we allow a listed occupant if they are not in the office at the time.

    Depending on the account/ how many days past due, we have even restarted the Lien process after a partial payment just as a precaution.

    But you can always just say no. 

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