If you accept payment in any amount from a tenant after serving a 3-day notice, you waive your right to evict. You will have to start the process over and serve a new 3-day notice which gives the tenant credit for any amount paid. While a 3-day notice is running, a landlord is only obligated to accept the entire amount demanded in the notice. A landlord should send any partial payment back to the tenant prior to the hearing to preserve his right to evict the delinquent tenant. Once a three day notice has run, a landlord is under no duty to accept any payment at all and may refuse even full payment and proceed with the restitution action.