Legal Question in Landlord & Tenant Law in California

Re: Unlawful Detainer - Eviction

If it is just the initial required 3 days notice to quit from the landlord, you have a right to cure by tendering rent within 3 days. But, if you ignored that and it is an actual unlawful detainer petition filed with the court, you may no longer have a right to cure, and the landlord will still be entitled to the rent. However, this does not mean that the landlord will want to terminate your tenancy if you now pay; just that he now can.

The building manager is the landlord's agent. So, delivery of the check to him is delivery to the landlord. Just tender the check to him with a couple of reliable witnesses watching. The more witnesses, the better. If he won't accept it, just leave it on the desk to do whatever he wants with it. Don't make it out to the building manager, but in whatever name you usually make out the rent check.

If he destroys it, I doubt the landlord will be happy. In fact, refusing to take it could even get the manager fired. If he's snotty to you or gives you difficulty, just walk away and say "hey, it's your job on the line, buddy."

It sounds like there is probably bad blood between you and the building manager. However, the landlord usually is most interested in getting his rent, and not in the vendettas between his tenants and employees.

But whatever you do, act fast!

Let me know if you have further problems or if you have further questions and will provide more detail. My e-mail address is [email protected]. Be sure to attach a copy of my reply so I know what you are responding to.