Legal Question in Business Law in California

missing check

I sent a rent payment for my office to the same address I used for many years. It was cashed but the management company did not cash it. It may have been stolen from their mail box or lost by the post office. The bank is investigating who cash the check. The management company wants another check to pay for the rent. Do I have to pay them or can I wait for the Bank to track down the funds or is it totally the landlord / management company's problem. The building just sold and this is the last check old management company was to collect. Thanks.


Asked on 8/29/07, 7:38 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: missing check

Payment of rent in a commercial setting by a tenant's check is effective only when the the landlord successfully negotiates the check, absent any other agreement (i.e. paid by the bank).

If this is for a residential tenancy, one might argue that payment occurs when the check's envelope is posted.

Read more
Answered on 8/29/07, 7:51 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: missing check

What Robert is correctly telling you is that you must still make payment to your landlord.

Read more
Answered on 8/29/07, 10:25 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: missing check

From what you said, it doesn't appear to be the landlord's fault, and the landlord has yet to be paid. Yes, you owe the rent - unless perhaps if you are asserting that the landlord was in fact the one who cashed it or at fault somehow for the missing check. I don't immediately see the relevance of the fact that this is the last check.

Read more
Answered on 8/30/07, 1:51 am


Related Questions & Answers

More Business Law questions and answers in California