Legal Question in Landlord & Tenant Law in California

Unlawful Detainer

I gave the landlord 2 months payments in advance in check, undated, and asked him not to cash until authorized, he agreed and deposited the next day both. When they were not honored he filed an unlawful detainer for bad checks.


Asked on 4/29/07, 8:03 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Unlawful Detainer

I guess the question is, what were the two months in advance for? Was it for future rent, or was it for the deposit that was required under the lease.

If for future rent for months that had not yet arrived, the UD is improper if your current rent is paid and all other terms of the rental agreement have been fulfilled.

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Answered on 4/30/07, 5:03 am


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