Legal Question in Landlord & Tenant Law in California

I have a unique situation. Our apartment building was just purchased and is under new management. This month we had a trip planned to my niece's wedding. We left our rent check with some neighbors who turned it in for us on time, before 8pm on the 3rd. I accidentally wrote the check out to the building as usual instead of the new management company. They get in touch with us angrily saying we're avoiding their knocks and we need to pay our rent. This was on the third, so it could only have been hours after the due date and time. It was also a saturday, and we were across the country. My husband talked with the manager and told them we were across the country. Our neighbor then calls us by 7am sunday and tells us there is a three day notice on the door. We had already discussed with them we would put another check in the mail, but couldn't get it out until monday morning, as that's the earliest the mail goes out. We offered to pay in any other way from across the country, they wouldn't accept any other form. The check was mailed, here it is wednesday and the check didn't show up today, presumably it will tomorrow. They are now talking about some unlawful detainer situation. This is absurd. I know they are in the wrong, I just don't know what I need to do about it.


Asked on 6/07/17, 6:05 pm

1 Answer from Attorneys

I'm afraid legally you are in the wrong. Once you failed to make the check out correctly, you failed to pay your rent as a matter of law. It is unfortunate that the new management company is being so hardball about it, but legally they are right. With a 3-day notice posted, it was also a big mistake not to send the replacement check via FedEx or Express Mail with one day delivery. Legally they can now evict you. If you have been a good tenant with a good payment record, and you did actually have a check delivered (showing you intended to pay) I don't know why they'd want to evict you instead of just charging some late fee and move on, but unfortunately you made two big mistakes that put the law entirely on their side.

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Answered on 6/07/17, 7:32 pm


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