Legal Question in Landlord & Tenant Law in California
Landlord Problem
The landlords received an NSF check for the rent, and instead of knocking on my door, she went banging on the door screaming. I told her to please keep it down she told me to shut up called me a thief and threaten me to call the cops because I gave her a fake check and I was doing fraud. She said all that over an NSF check. Now she goes outside and she starts taking pictures. My father spoke to her husband Because all I want was a simple apology, she didn't apologize. After all this I told her I was going to live my last month and deposit and I'll be out by the first.
I'm going to move out but I do not want her to accuse me of fraud of being a thief over an NSF check. Please let me know what to do. Thanks in advance.
2 Answers from Attorneys
Re: Landlord Problem
Freedom of speech means you can say anything you want and in general the only remedy the other person has is to sue you in civil court. Are you going to go through all of that because she went bonkers? You can ask her husband to try to restrain her; if there is a good explanation for why the check bounced, tell him. You can apologize for it bouncing but ask her to apoligize for not lettlng you calmly respond to her and instead distributing the ohter tenants' peace and quiet and giving them a bad impression of her. She will not apologize but her husband might tell her not to cause more trouble.
When you gave her the check or anytime before she tried to cashit, did you know that it was not covered by sufficient funds? If so, she is legally correct that you committed a fraud. In S.F. I have heard that that is so common the Police wil not consider acting until after the third one.
What I do wonder about, is that yo seem to be saying that you are going to use your last months rent to pay for the rest of your say there. That technically is a violation of your contract. The landlord probably can not do anything about it. You may not be giving him the required 30 day warning of terminating the rental; if hey are willing to accept that, then you may be getting money in effect instead of an apology. Some people prefer the latter, depenidng on how much it is.
Re: Landlord Problem
If you knew the check was NSF, you have committed a crime.
Despite your protestations, my guess is that this wasn't your first NSF check, which is why she lost her cool.
Also, reading your answer seems to indicate you are not going to pay for your last month, expecting your deposit to pay for it.
Two wrongs don't make a right. Pay your rent, and forget the landlady.
Mover on with your life.
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