Legal Question in Landlord & Tenant Law in California
Pay Rent or Quit Notice given even though rent has been paid
What should a tenant do when he receives a 3 day notice to Pay Rent or Quit in error (ie he paid the rent on the day it was due but is being issued a notice anyway). I've seen this occure for three reasons 1) Because of an honest accounting/book keeping error by management, 2) Because management has honestly lost or misplaced the check, or 3) Because landlord is intentionally not collecting rent in order to build case to evict tenant (for example from a rent controlled building). The notice seems to imply only two courses of action... either pay or leave within the next 3 days. But if you've already paid it wouldn't make sense to do either.
If the landlord is simply not cashing checks and therefore pretending like he has not received them how should a tenant respond to this Pay Rent or Quit notice to best defend himself?
1 Answer from Attorneys
Re: Pay Rent or Quit Notice given even though rent has been paid
Respond by certified return letter to the owner and management company explaining that it was timely paid and requesting that the notice be withdrawn. Keep a copy of the letter. In the future, pay enough time in advance to get a signature for your mailed payment by certified return receipt mail. You really shouldn't be required to do that, though.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
