Legal Question in Landlord & Tenant Law in California

tenants rights per paying rent

we are required to pay our rent by the 3rd of each month or we are charged 45.00 late fee and given a 3 day notice... that is all good however...

We pay our rent by the 3rd and the landlord does not deposit our checks until the 16th or later each month???

there should be required to deposit the check within 3 days or they should not require us or fine us for being late on rent.....something is not right here with this picture.


Asked on 11/17/05, 12:20 pm

2 Answers from Attorneys
Phyllis Voisenat Phyllis Voisenat, Esq.

Re: tenants rights per paying rent

What does your lease/rental agreement say about the manner of paying rent, ie has to be in good funds, or is check ok. If it is silent, I would suggest you pay on time as you are, but send the check certified, return receipt. Then you have proof of when the payment was tendered. So long as timely tendered, there should be no late charge. If after establishing this timely payment history and they continue to hit you with late fees, we could issue a demand letter for you.

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Answered on 11/17/05, 1:33 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: tenants rights per paying rent

When making your rental payments, you may want to preserve your proof of payment on time be either sending payments certified mail, fedx, etc...or personally delivering it and obtaining a receipt of payment from the landlord if local. If you suspect fraud, take them to court.

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Answered on 11/17/05, 2:20 pm


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