Legal Question in Landlord & Tenant Law in California

I am renting an appartment and fell 3 weeks behind on rent due to my Military Unit shutting down and unemployment reinstating payment. The management of the appartment said it was ok for about 2 weeks and by the 3rd week they said they would have to contact a lawyer. I said I can pay them on a thursday but wasnt able to until friday. I brought them payment and they would not accept it. I told them the next rent will not be late and I told them my situation and they said they cannot take the payment and also I need to contact the lawyer they called. the appartment management told me I would have to pay rent and a fee to the lawyer to close the case. Do I have to pay the lawyer? Do they have the right to not accept my money for rent? What can and should I do? I have not yet called the managments attorney yet. What should I say? I have never had this happen to me.


Asked on 11/26/11, 4:01 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The deciding issue is whether or not a three day notice has been served on you. If not, unless the rental contract states partial payments will not be accepted, they can refuse to accept a partial payment but it will still count as though you made that payment. The law requires you to tender the amount of the rent owed, not necessarily that you must pay it in the sense of their actually accepting physically the rent. Likewise, normally your only obligation to pay attorney fees is if they have to serve yo with a three day notice to enforce the lease agreement [a contract might also require that an unlawful detainer actually be filed before attorney fees are accessible]. If, however, you have been served with an unlawful detainer, you do have to offer the entire rent and pay attorney fees if it is in the lease.

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Answered on 11/26/11, 9:10 pm


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