Legal Question in Landlord & Tenant Law in California

Because my roommate's and I have an income lower than 2.5 times the amount of our rent, the company we rent from requires us to pay rent in money orders, instead of personal checks. So, when we payed for January (we've been living here since July.) we got a notice a few days ago that we were short half the rent. When we went down to find out why, they showed us the money orders we gave, and one was missing. Although we checked and double checked that the money order was in the envelope before depositing it, and we have receipts for the "missing money order", the company is requiring us to pay them what we owe ($977.50 by the end of the week, even though it will take 1-2 months for the Money Order to be refunded by the company that sells them and we will have to pay a $15 processing fee. Is this fair/legal?


Asked on 1/05/10, 9:35 pm

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

What is fair is a fully subjective opinion. The management company is entitled to get the full amount of the rent. At what point the money was lost is anyone's guess. So it probably is legal for the rental company to say they did not receive the funds and you have to pay the remaining balance now. If you withhold the funds, then they will likely give you a three day notice to vacate. It makes better sense for you to pay the additional amount now; if it turns out that the rental company cashes the misssing money order, then they have to repay you and morally should admit their error and try to make it up to you.

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Answered on 1/11/10, 12:49 pm


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