Legal Question in Landlord & Tenant Law in California

Rent payment

I was promised a rent concession for December and it has not happened. I got a notice, 3 day to pay and I told them I had a concession per their attorney. They keep sending me 3-day but never acting on them while accepting rent from me. Just the other day I got notice that Feb rent was due so they took my March checks and to pay Feb. rent which they crossed out March rent on my check and put Feb. Rent. I have the canceled check for Feb which shows it was for Feb. rent. I was never notified on Jan. that there was a problem, or Feb but now March there is a problem. They are giving me such a run around. The last letter stated I was past due for Feb Rent which I am not. The only outstanding is the December concession. They seem to be playing some game with me and I don't like it at all. These people have served me 3-3 days to pay or quit and have never acting on them. Do they have the right to do what they are doing by changing my checks for their benefit? They are trying to post my checks to the previous month so I will be late on my current month. Can they do this and what about all the documentation and all of their documents that are wrong.


Asked on 3/24/08, 11:51 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Rent payment

This is extremely confusing.

What is a "concession"...never heard of it.

It doesn't matter what s written in memo of check. Rent goes for past month's due.

Sounds to me like you don't have a problem, but landlord has problem with you.

Hire a 3rd person to straighten this out---preferably an attorney to deal with landlord (and you).

Good luck!

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Answered on 3/25/08, 5:39 pm


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