Legal Question in Landlord & Tenant Law in California

Re: Unlawful Detainer (I am landlord)

You would have to start all over and you would have to dismiss your lawsuit. Depending on whether you want the tenant to move or stay, you must decide whether to take the money.

Re: Unlawful Detainer (I am landlord)

Mr. Cohen is completely correct. Your unlawful detainer action states tenant X owes you $5,500, but as soon as you convert the check into money that statement is no longer correct and the judge probably would not allow you to amend to conform to the evidence presented. San Francisco rent control as all rent control ordinances, are designed to trap landlords who are not extremely careful to do everything exactly correct. See a landlord attorney first before you waste your money on a case that may be thrown out on a technicality.

Re: Unlawful Detainer (I am landlord)

This becomes a strategy issue. If you cash the check, the unlawful detainer should be dismissed. You may wish to go this way if you need the funds, but careful to serve a new 3 day notice immediately upon default next month. If you want possession now, return the check but keep it so you have the bank account once you obtain a judgment and can levy on that bank account. Please call me if you have any questions.

Re: Unlawful Detainer (I am landlord)

There is nothing I can add to Mr. Cohen and Mr Shers' answers