Legal Question in Real Estate Law in California
Bad Renters
We have a couple renting from us that have written us two checks for rental payments for December and January that were 'kited' in order to just make it look like they were trying to pay rent. What is the legalities of them doing that and is this enough evidence that should they pay all that is owed now could we later evict them based upon them doing this now? We are sure this is something that they have done in the past though we are not specifically privy to it right now.
2 Answers from Attorneys
Re: Bad Renters
I would suggest giving them a three-day notice next time a check doesn't clear, and make them pay in person with either a cashier's check or cash within those three days or evict them. You don't need to put up with that kind of conduct.
Re: Bad Renters
I agree with Mr. Cohen, and I'd point you in the direction of Civil Code section 1947.3(a)(2) that gives a landlord the authority to require cash or equivalent from a tenant that has bounced a rent check. (
I assume you mean "bounced" (dishonored) checks; to me, "kiting" checks usually means taking advantage of the float, rather than specifically allowing checks to be dishonored, at least as I understand the expression.
You should probably find and read the whole Civil Code section 1947.3 so you'll be acquainted with all provisions regarding requiring a tenant to pay cash when you make your new policy known.
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