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  1. #1
    Join Date
    Aug 2011
    Posts
    8

    Default 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...

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default 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.

  3. #3
    Join Date
    Aug 2011
    Posts
    8

    Default 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.

  4. #4
    Join Date
    Aug 2011
    Posts
    8

    Default 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" .

  5. #5
    Join Date
    Jan 2011
    Location
    California
    Posts
    90

    Default 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.

  6. #6
    Join Date
    Aug 2011
    Posts
    8

    Default 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.

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