Legal Question in Landlord & Tenant Law in California
A rent check that was made payable to us has been tendered but not by us. It was deposited into a Bank of America account that is not ours. The tenant says it is our problem and is not being cooperative. He refused to follow up on this with his bank. We say he still owes us the rent. Can he be served for nonpayment?
Asked on 10/06/09, 10:26 am
2 Answers from Attorneys
Roy Hoffman
Law Offices of Roy A. Hoffman
Yes. It is the tenant's responsibility to ensure that the landlord receives the rent each month.
Answered on 10/06/09, 1:35 pm
It depends on whether or not the check got to you. If the tenant delivered the check, then it is your problem. If the check was written and then stolen or something and cashed, then it is the tenant's problem.
Answered on 10/06/09, 11:27 pm
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