Legal Question in Landlord & Tenant Law in California
concerned tenant
My husband and I are renting a single dwelling property in California. On June 28th our landlord approached my husband in regards to our June rent check being returned by thier bank. We immediately checked our account and found that the check in question had cleared and been paid in full on the sixth of June. We printed a copy of the cleared check and the whole month's statement for our landlord to see, but they insisted that they had not been paid and demanded to be paid June's rent again. they further stated that after they were paid we could take the matter up with our bank. Although, we have been late paying our rent a couple times previously, our June payment was on time and the check did clear our bank and the funds were released. To prevent any detrimental action, my husband decided to pay June's rent, again, in full with a cashiers check. My question to you is, if I provided proof form our bank, in the form of a cleared check and June's statement showing no returned checks, can they demand that we pay twice for June's rent and then tell us that we need to take it up with our bank since they believe theirs is right? I thank you for your time in reviewing my question and will be eagerly awaiting your advise.
2 Answers from Attorneys
Re: concerned tenant
I would compare the rear of the check and see if they stamped or endorsed it. If it's endorsed, then it was paid. If the signature/endorsement is different, it could be the check was not negotiated by the landlord. If the landlord failed to record it but negotiated the check, provide the landlord with copies of both sides of the check and take it as a credit for the July rent. If they do a three-day notice and unlawful detainer, you have a defense that it was paid.
Re: concerned tenant
Either the landlord made a mistake, the bank made a mistake or the check was cashed by an unauthorized person (possible criminal action).
On the check itself, and your branch (bank) manager can help you, it will show the bank and account it was deposited into.
You have a law suit against somebody: manager, bank, or unknown third person.
Depending on the information from your bank manager, you have a number of options.
I would also write the facts you stated above in a letter to landlord (keep a copy), so you have written evidence of notifying him of the problem.
I won't get into anything further, until you have contacted your branch.
Please e-mail me with results from bank and I'll be glad to advise your next action. Good luck!
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