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.
3 Answers from Attorneys
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
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.
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.
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