Legal Question in Real Estate Law in California
Tenant Moves-Stops Payment
Tenant pays rent by check.
Tenant moves out (before end of lease).
Bank Loses check.
Bank requests tenant stop payment of lost check and reissue of second check be made.
Tenant stops payment on lost check. Fails to reissue second check.
Demand sent by registered mail. Signed for.
No payment made in 30 days.
Q's- Does this fall under contract law? Bad Check Law?
What is next proper form for filing?
Is Bank responsible in any way?
Appreciate any help.
1 Answer from Attorneys
Re: Tenant Moves-Stops Payment
This is the kind of thing that should never go to court or require someone to pay a lawyer. The parties should meet, face-to-face if possible or by telephone, and work it out.
If the landlord is unpaid, it must have been the landlord's bank that lost the check. If it were the tenant's bank, the landlord would have his money, right? If so, there is no 'bad check' issue. Therefore, the legal issues seem to fall under landlord-tenant law, which combines aspects of contract law and real property law.
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