Legal Question in Landlord & Tenant Law in California
How Does Evicting Landlord Return Check
I served a 3-day to Perform Covenant on my tenant who just sent me a rent check. I understand I can't cash it since I want to proceed with the eviction. What is the best way to send it back?
2 Answers from Attorneys
Re: How Does Evicting Landlord Return Check
Make a copy of the check. Write a letter stating that the payment was untimely (assuming it was outside the three-day period) and is therefore being returned. Send it certified, return receipt. Don't forget to file your unlawful detainer lawsuit since the three days have ended.
Re: How Does Evicting Landlord Return Check
Mr. Cohen is correct.
Also, I would call, and let tenant know of return of check. You don't have to accept it.
However, frequently tenants move without causing you the expense of eviction.
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