Legal Question in Landlord & Tenant Law in California

supposed bounced checks and evictions
Hi! I received word the other day from my apartment manager that my rent check had bounced and they needed the money right away along with a late fee and some other fee. I immediately went and checked my online banking and the check had been debited out of my account and cleared. I called my bank, spoke to a representitive and was informed that there was problems with a bank double posting checks and that the check had cleared. They informed me that my ability to see a copy of the check online, along with the appropriate bank stamp info (and the fact that they verified the date and time of the check clearing) that I should show these to my landlord. I called and did my best to state my case and the owners are stating that the check bounced and that the ''burden of proof'' is on me and to immediately fork over (another) rent check or they will proceed with an eviction. I have requested a official statement from the bank, I have the print out but they still claim they never got the money. I have tried to call their bank and see if the check cleared but (obviously) since I do not have access to their account number I cannot ask if the check has been cleared. The owner claims she has the bounced check in her posession. What can I do now

Asked on 2/15/08, 5:12 pm

Robert L. Bennett Law offices of Robert L. Bennett

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Re: supposed bounced checks and evictions

Errors happen, and, in this case, the bank's error seems to have hurt the landlord,as well as you.

Go to the apt.mgr. along with the proof of the cleared check. The bank should also pay the costs of the landlord's receipt of a bounced check.

If you continue to have trouble getting this cleared, you may need the help of an attorney.

Please feel free to e-mail, or call, my office if I

can be of further assistance.

Good luck!

Answered on 2/15/08, 5:32 pm

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