Legal Question in Landlord & Tenant Law in California
My landlord and I had an oral rental agreement. I was two days late paying July (2009) rent ($ 750.00) and was on time for paying August rent. It was standard practice that I would leave rent checks on the kitchen counter top for her to pick up at her convenience as she would come over to the house on a regular bases to work in the yard or do her laundry.
She refused rent payment stating she "wanted all of it" meaning late charges, too. I left the rent checks on the kitchen counter top for at least two weeks. In September, I gave her notice that I was moving out. Notice was given orally and in writing. I paid her using the same method as mentioned above for the remaining time I was there and she still refused payment. When I moved out, I took the checks with me.
My question is: Do I still owe rent for those months even though she refused payment and it was her decision not to pick up the rent checks ?
I live in San Diego, CA.
2 Answers from Attorneys
The key question is whether or not the late charge was legal. If there was no agreement to a late charge, clearly it is illegal. If there was no grace period after the due date, a judge would probably not uphold the late charge. Even if the late charge meet the two mentioned requirements, a flat fee without reference to what added expenses are incurred by the landlord might not hold up in court.
Under the law, you are required to "tender" payment, which is what you did. Technically, her refusal to take the checks does not effect that rent was "paid". A judge might, however, fid that you were unjustly enriched and order you to pay the rental amount ot her; in all likelihood she is not going to know to raise that as an argument [separate casue of action], but a judge also is not going to want to use the technicality that rent was paid.
So legally you might not have to pay the rent, but practically a court might none the less order you to do so. The better approach might be to write her as to what you view the legal situation to be and offer to compromise with her, with her having to give you a document saying any cause of action she might have agains you is waived as fully satisfied.
I agree with George and yes you still owe the rent but the question of the late charges is a debatable point. Since you have moved out she will have to sue you for breach of contract not for unlawful detainer which is on an accelerated schedule.
Good luck and hope this helps.
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