Legal Question in Real Estate Law in California

real estate/ rental agreement

The tenant was given a three day pay or quit notice. He paid the rent via postal money order within the three days. The apt. manager returned his payment stating that the owner does not want to receive his payment. Is this legal and what can the tenant do. He has lived in this building for 30 years and does not want to move.


Asked on 9/15/08, 8:38 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: real estate/ rental agreement

The refusal to accept the rent stated in the three day notice is a defense to any subsequent eviction/unlawful detainer case. See caltenantlaw.com

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Answered on 9/15/08, 8:47 pm
Judith Deming Deming & Associates

Re: real estate/ rental agreement

Did the manager receive the money order WITHIN THREE DAYS? If so, you can contest the eviction, but you will have to establish that the rent was tendered within the three days. Note, however, that unless you are in a rent-controlled area, or you have a long term lease which has not yet expired (not a month to month tenancy), the landlord can simply turn around and give you a sixty day notice to vacate anyway, and he does not need to have a reason.

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Answered on 9/15/08, 11:54 pm
David Gibbs The Gibbs Law Firm, APC

Re: real estate/ rental agreement

No, the landlord cannot reject the rent within the three days, so long as all of the past-due rent was proferred. I'd suggest contacting a local attorney to see if you can stem an eviction, which will surely be the landlord's next step. If you are sued for an unlawful detainer, defend it on the basis that the rent was tendered and rejected.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/16/08, 12:14 pm


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