Late Rent Payment Not Cashed
My question involves landlord-tenant law in the State of: California.
I have been in my apartmnet for a little over two years now. None of my personal checks have been dishonored by the bank and I have always paid on time (we have until the 4th day of the month to pay). I was late with the rent this month due to payroll issues and on the 7th day of the month, I received the "3 day pay or quit" notice. I paid with a personal check.
Tenants are allowed to deposit rent payments in this drop off box at our leasing office and within one to two days, the check is posted the my bank account.
To date, the landlord hasn't cashed the personal check. Of course, there is money in my account to cover the check. I am just wondering...
Can a landlord refuse a late rent payment in the form of a personal check?
I read on the State of California, Department of Consumers Affairs website the following, but it doesnt indicate late rent payments.
The landlord or landlord's agent normally cannot require you to pay rent in cash. However, the landlord or agent can require you to pay rent in cash if, within the last three months, you have paid the landlord or agent with a check that has been dishonored by the bank.
....
The landlord must attach a copy of the dishonored check to the notice. If the notice changes the terms of your rental agreement, the landlord must give you the proper amount of advance notice.
Thanks...
Re: Late Rent Payment Not Cashed
You received the notice on the 7th. When did you pay the rent? Did you get a receipt for it, or did you merely drop it in the drop off box?
Have you asked your landlord why the check hasn't been cashed yet? There's no law requiring a check to be cashed immediately, it's entirely possible that the landlord simply hasn't gotten around to making another deposit yet.
Talk to your landlord.
Re: Late Rent Payment Not Cashed
Hello,
Thanks for the response.
So, I received a voice mail from the landlord stating that yes, they received the personal check but will not accept it and they only accept late rent payments in the form of cash and/or money order (cashiers check). Well I am out of town. I explained what I read on the California Affairs website.
Re: Late Rent Payment Not Cashed
I had a friend drive by my place and the check has been returned. The landlord placed the check in an envelope and "nailed" it to the door. The check was also marked "Void" .
Re: Late Rent Payment Not Cashed
Even with 3-day notices the landlord cannot require cash unless the check was previously dishonored, as you said above. Keep the check, keep your checkbook register, make another attempt and consider consulting an attorney now or a tenants' rights group as you may end up looking at a 5-day lockout notice, judging from the game your landlord seems to be playing. If you do get a 5-day, file your contest right away to halt the eviction until the case is heard, and present your evidence in court.
Re: Late Rent Payment Not Cashed
Thanks, I mailed another check to the landlord via certified mail and also noted California Civil Code Section 1947.3. I do have the voicemial message from the her akcnowlding receipt and possession of the 1st check and that she was rejecting it. We shall see.
Re: Late Rent Payment Not Cashed
The only "exception" to the rule is this: once a 3-day pay or quit is issued, the landlord has no obligation to accept partial payment, and indeed if they do it stops the 3-day. However they can ONLY require payment of actual rent and not late or other fees on the notice, and if you pay the full amount of rent owed then you have cured the default and the landlord must accept the payment. I wish you luck in this and keep us posted, yes?
Re: Late Rent Payment Not Cashed
I fail to see what the problem is. Get a money order and give it to the landlord.
Re: Late Rent Payment Not Cashed
The "problem" is that money orders cost money, and as long as she has not had a rent check dishonored by the bank within the last three months, and as long as she pays the full amount of rent before the end of the 3-day notice, the landlord must accept the payment to cure the default. He cannot use the fact that it's a check as reason for non-payment and therefore proceed with the unlawful detainer. The problem is not the payment method, it's the landlord's refusal to accept it.
Re: Late Rent Payment Not Cashed
My bank prints certified checks for free. So does my credit union. I took a friend to go buy a money order and it cost an additional 50 cents. Much cheaper IMO, than the nonrefundable $225 response fee the court is going to charge.