Legal Question in Landlord & Tenant Law in California

I paid November's rent on 11/2 with a check, with enough money in the bank for it to clear. My landlord attempted to cash the check on 11/4, and notified me the check did not clear. I called my bank, figured out the problem and found it would be remedied the next business day. I told my landlord it was valid, and to cash it the next day, which she obliged. Later that day, however, she demands cash or a money order. I tried to explain thaty the check was fine, and that it needed a day, but she refused. The next day, the issues was solved, but she did not cash the check. She still has the check, but is giving me a three day notice to pay or quit. What do I need to do legally? Have I already paid? Is this a retalitory eviction?

Asked on 11/09/09, 2:33 am

Robert F. Cohen Law Office of Robert F. Cohen

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You should pay the amount by cashier's check or certified funds. Don't delay. Ask her to return the other check when you do so.

Answered on 11/14/09, 3:30 am

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Mr. Cohen is correct. Once a rent check bounces, regarless of the reason, the landlord is entitled to require payment in guaranteed funds.

Answered on 11/14/09, 4:18 pm

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