Legal Question in Landlord & Tenant Law in California

Re: Landlord returned our rent checks

The landlord cannot come back at you later for failure to pay the rent. Keep the two checks and any evidence you have that they were sent to the landlord and then returned to you.

You might also want to consider protecting yourself from what appears to be an illegal eviction. If the landlord terminated your tenancy because of your request for a reasonable accommodation, they have violated at a minimum, the federal Fair Housing Act, the state Fair Employment and Housing Act, the Unruh Civil Rights Act, as well as several other provisions of the Civil Code.

It appears that the time to move may be near if they gave you a 60-day notice and have returned checks for two months rent. I suggest you immediately seek counsel on how to respond to an unlawful detainer complaint, whether there are any local rent control laws that may assist you, and how to mount an affirmative suit against the landlord.

Good luck. Feel free to call my office for a brief consultation.

Re: Landlord returned our rent checks

If your request was reasonable, then the Landlord may have violated up to four different statutes, including the ADA (though it has limited applicability in some rental situations). More facts would be needed.

The Landlord cannot return the rent checks if they have been cashed.

You should seek out an attorney.