Legal Question in Landlord & Tenant Law in California
Renter Tenant
Question 1In the month of Dec 2008 My son gave our apt manager a Money order for the amount of 233.00 last day being our manager the leger books closed on that date. A few months now we R given a 3 day pay or quit . New incoming manager says She found this discrepancy, we still owe amount of 233.00 they cannot find it 231.00 ? it's always changing ! the old manager she says it was put in the office .Unfortunate my son threw AWAY the Money Order Stub ! I called places where he might have made the money order no luck.Now new manager is demanding this now of this date June 2009 . I called to corp office ask 2 the bank 4 proof they say no proof I need to see with my eyes they now say the old manager pocket the money order.Said I'm Not Allowed to talk to the owner of my Apart . After She said we make a deal maybe wave it for the inconvenient or make billing arrangements or lower charge . Now she says no its to late we want it now and that's it with a rude altitude.
1 Answer from Attorneys
Re: Renter Tenant
Obviously, you have to make a choice. You can pay the amount demanded within the three days. Or, you can decide not to pay, and then when you're sued for eviction, you can formally demand documents from the landlord. But, they will never produce a copy of the check. You can take the deposition of the former manager, but that will cost you more than the amount the landlord claims you owe. You can subpoena the former manager to trial, but who knows what she'd say if she shows up.
Your best bet is to get a copy of the money order from the bank or cash store. Barring proof that you paid, you're probably out of luck.
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