Legal Question in Landlord & Tenant Law in California
I received a notice of action of an unlawful detainer from the court. I was never served I only received my 3 day rent or quit. And I did pay but it was the 4th day. He filed the unlawful detainer according to the court the 4th day. And on that same day he took and cashed my check of payment for rent. He didn't dismiss the case so I filed my answer to his detainer. I was told I would have a court date. Now so far no court date set I just check with the courts today. But I was wondering its now a new month do I pay rent or do I wait till we meet in court?
2 Answers from Attorneys
You continue to pay your rent as though nothing occurred. E-mail or write the landlord that since he cashed your check that voids the three day notice so please dismiss it and pay you the cost of filing the answer as had it been timely dismissed you would never have to file anything.
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