Legal Question in Real Estate Law in California
The check my tenant gave me for a security deposit bounced, am I still bound by the lease contract since there was no security deposit?
2 Answers from Attorneys
The tenant breached the contract [or one could also conclude that there was never a contract because he did not fulfill the terms of the agreement]. If he has paid any rent, however, the court with its liberal attitude for tenants may consider him a renter so that you must give a three day [and thirty day] notice to vacate. First ask the tenant for an explanation as there might be a reasonable one so that you might be willing to keep the person as a tenant.
I agree with Mr. Shers. Courts generally will not support cancelling a lease for a curable default unless the tenant is given a chance to cure and fails to do so. That is the purpose of the 3-day notice when rent is late.