Legal Question in Landlord & Tenant Law in California

You have two problems here. First, you are going to get evicted. Sounds to me like you understand that, and were just trying to drag that process out with post-dated checks. Second problem you have is that in California, the District Attorneys in most counties do have a bad-check unit which will help people who have received bad checks get their money, plus the damages they are entitled to. In Orange County, the District Attorney's office DOES have a bad-check program, which you can check out here: http://www.orangecountyda.com/home/index.asp?page=40.

More importantly, however, look here for what bad checks are eligible: http://www.orangecountyda.com/home/index.asp?page=79

It seems to me that the checks you presented may not be eligible for DA enforcement, however, you can still be held liable for damages for giving him bad checks - I believe he may be entitled to money above-and-beyond the face amounts of the checks. Finally, can you go to jail? While I think it is a remote possibility, writing a bad check can, under certain circumstances be criminal. You will want to consult with a criminal attorney as that is not my (nor probably anyone else in the Landlord & Tenants section of this forum) area of expertise.

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You probably have nothing to worry about from a criminal law situation. My limited experience is that the DA has so many cases that are much more serious that they will not even bother to accept any complaint by the landlord. Also, when you gave the checks you apparently felt they were covered.so there was no intent to issue an invalid check and so no crime was committed.

What I do not understand is how you can issue a $2,000 and $4,000 check and then wilthin in a short period of time neither is cashable? Since you have not paid the rent, the landlord will certainly give you a three day notice to pay the back owed rent or leave the premises, and then will start eviction proceedings.