Legal Question in Landlord & Tenant Law in California

I paid my rent in full via a cashiers check. I just recieved a letter from my landlord that because I didn't include the $50 late fee and utility fees they were unable to accept my payment because of these missing fees. However, they didn't return my full rent payment, only the letter asking for these fees ASAP. Why didn't they give me back the rent payment? I informed my landlord that I would have the late fees by this Friday (via message because the office is closed on Sundays)


Asked on 9/19/10, 2:28 pm

1 Answer from Attorneys

They cannot accept the payment because it could create partial payment defenses if they later need to evict you. They did not return the payment because they expect you to make up the difference, and probably assume you don't want to have to pay for another cashier's check. If you want it back, ask. If they won't accept it but won't return it when asked either, they're setting themselves up for you to claim it was accepted in fact.

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Answered on 9/24/10, 2:41 pm


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