Legal Question in Landlord & Tenant Law in California
Refusal of rent check
I live in Santa Monica and moved in 8 years ago registered as a domestic partner. After 2 years my boyfriend and I married.
I have never been put on the lease, however I believe in Santa Monica, due to rent control I would be considered a tenant, just not on the lease.
A few years ago my husband was out of town so I wrote a check for the rent. The landlord sent the check back, refusing it on the grounds she would not accept a check with my name on it. Since then there have been 2 other times she has refused our checks due to my name being on it. These 2 checks were sent from our joint account.
I read somewhere that refusing a rent check was considered harrasment. Is this true or can she legally refuse the checks?
Another interesting thing is she runs the building through a corporation which is listed as ''suspended'' (and has been for years) on the Secretary of State website.
1 Answer from Attorneys
Re: Refusal of rent check
You must pay in "legal tender", and, to the best of my knowledge, she cannot refuse the check.
The fact that the check was drawn on the same account, means she cannot refuse it, unless one or more checks have been dishonored.
Harassment does not enter into this situation.
I do not know what you are trying to accomplish with the "suspended" corporation accusation, but this is not material.
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