Legal Question in Landlord & Tenant Law in California

Breach of Contract? Maybe, maybe not?

I'm currently four months into a six month lease. Most recently our landlord started demanding ''cash and/or money order''. At no time have we ever submitted payment that was ''NSF'' and feel that his demands are unreasonable. Last month I refused to meet his demands and tendered payment by personal check. He accepted payment and sent correspondence once again setting forth his demands.

Our original lease agreement fails to specify payment terms.

Is this a breach of contract? Do I have any legal remedies?


Asked on 2/03/04, 9:19 pm

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Breach of Contract? Maybe, maybe not?

You probably are correct. It depends on if you want you spend the money to litigate this issue - either try to pay by check with the possiblity you may be evicted if the landlord lies, or file a declaratory relief action now against the landlord. Call us for an appointment and review of your documentation. 714 363 0220

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Answered on 2/04/04, 10:31 am


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