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My brother and I are having an argument with regards to whether what constitutes acceptance of late rent.
According to California Law within the three day notice if the tenant pays up then the landlord is obligated to accept the rent, unless the tenant decided to vacate.
Now AFTER the three day grace period is up and the tenant has not paid then landlord can move ahead with eviction process and refuse to accept ANY late rent, even if offered by the tenant.
Now here is where our argument comes in and I want to know which one is correct in regards to California?
If tenant hands rent to manager/landlord, etc way late, the landlord can return it legally and choose to evict.
However if landlord ACCEPTS late payment and then returns it say two months later, the tenant can argue that landlord has waived their right to evict.
Even of the check or money order was deposited or cashed.
Any landlords or lawyers in California can shed a light on this, please do!
I looked into landlord and tenant laws on the Department of Consumer Affairs in CA, but nothing on what is acceptance of late payment.
My brother and I are having an argument with regards to whether what constitutes acceptance of late rent.
1. According to California Law within the three day notice if the tenant pays up then the landlord is obligated to accept the rent, unless the tenant decided to vacate.
2. Now AFTER the three day grace period is up and the tenant has not paid then landlord can move ahead with eviction process and refuse to accept ANY late rent, even if offered by the tenant.
Now here is where our argument comes in and I want to know which one is correct in regards to California?
3. If tenant hands rent to manager/landlord, etc way late, the landlord can return it legally and choose to evict.
4. However if landlord ACCEPTS late payment and then returns it say two months later, the tenant can argue that landlord has waived their right to evict. Even of the check or money order was deposited or cashed.
Any landlords or lawyers in California can shed a light on this, please do!
I looked into landlord and tenant laws on the Department of Consumer Affairs in CA, but nothing on what is acceptance of late payment.
Thanks.
The procedure is standard in all states and not particular to CA. You may find the general information and additional links here helpful:
1. Correct.
2. Correct - as long as the 3 day notice has been given to the tenant.
3. Same as #2.
4. Once the LL accepts payment of late rent after delivering a 3 day notice, it's back to square one and yes, by accepting the rent LL waives the right to evict until if and when the next time the tenant defaults on the lease terms. I can't envisage a situation where a LL would accept rent, cash or deposit a rent cheque and then "return it two months later". That makes no sense at all. In that bizarre situation then of course the tenant would have the canceled cheque showing that it was either cashed or deposited so it would be a moot point.
1. Correct.
2. Correct - as long as the 3 day notice has been given to the tenant.
3. Same as #2.
4. Once the LL accepts payment of late rent after delivering a 3 day notice, it's back to square one and yes, by accepting the rent LL waives the right to evict until if and when the next time the tenant defaults on the lease terms. I can't envisage a situation where a LL would accept rent, cash or deposit a rent cheque and then "return it two months later". That makes no sense at all. In that bizarre situation then of course the tenant would have the canceled cheque showing that it was either cashed or deposited so it would be a moot point.
The money order was not cashed or deposited. But it was returned after two months, that would still be considered accepting late rent!?
I don't find d anything specific and I already read your link.
The money order was not cashed or deposited. But it was returned after two months, that would still be considered accepting late rent!?
I don't find d anything specific and I already read your link.
If the person had a canceled check, or other proof that the money was cashed/deposited, then yes eviction can't proceed as STT posted.
The key is proof. Does the person have proof that the landlord accepted the money order? In terms of a receipt from the landlord? If no receipt, then no proof and eviction can proceed.
Even if the money was sent certified mail and the landlord presents it unopened in eviction court, it's still not proof.
My brother and I are having an argument with regards to whether what constitutes acceptance of late rent.
According to California Law within the three day notice if the tenant pays up then the landlord is obligated to accept the rent, unless the tenant decided to vacate.
Now AFTER the three day grace period is up and the tenant has not paid then landlord can move ahead with eviction process and refuse to accept ANY late rent, even if offered by the tenant.
Now here is where our argument comes in and I want to know which one is correct in regards to California?
If tenant hands rent to manager/landlord, etc way late, the landlord can return it legally and choose to evict.
However if landlord ACCEPTS late payment and then returns it say two months later, the tenant can argue that landlord has waived their right to evict.
Even of the check or money order was deposited or cashed.
Any landlords or lawyers in California can shed a light on this, please do!
I looked into landlord and tenant laws on the Department of Consumer Affairs in CA, but nothing on what is acceptance of late payment.
Thanks.
Wait. If the check was cashed then rent was accepted and LL can't evict. He is returning the check he initially cashed? Or returning a "Refund" check for your late accepted payment?
Edit ( read your other post)
If you have proof ( receipt) of LL accepting the late payment then the LL cashing the check is inconsequential. He accepted the late payment. If he doesn't cash it for 6 months that's not your fault. YOU must have the money in the account no matter what in case he does deposit it though. All a check is basically a piece of paper saying give person to which is written the cash out of my account.
This is why it's best to get a receipt for payment received. As long as he receives the payment he can hold on to it without depositing it. But the receipt proves you paid.
Wait. If the check was cashed then rent was accepted and LL can't evict. He is returning the check he initially cashed? Or returning a "Refund" check for your late accepted payment?
Edit ( read your other post)
If you have proof ( receipt) of LL accepting the late payment then the LL cashing the check is inconsequential. He accepted the late payment. If he doesn't cash it for 6 months that's not your fault. YOU must have the money in the account no matter what in case he does deposit it though. All a check is basically a piece of paper saying give person to which is written the cash out of my account.
This is why it's best to get a receipt for payment received. As long as he receives the payment he can hold on to it without depositing it. But the receipt proves you paid.
Yes I agree what you say makes sense. The rent is the form of a money order.
Yes I agree what you say makes sense. The rent is the form of a money order.
As long as you can prove that he received the payment along with the late payment keeping you current he has no grounds to evict you on late/no rent payment. Do you have a rent received payment proof of smiling and received payment like a confirmed delivery. Keep the envelope that he returned the MO in.
Do you have some proof of the exchange between you and LL about the late payment and the charges? What is his reason for returning the MO two months later. There had to be a interim paymrnt made between the late payment and his returning it. Did that payment get cashed or was that late too
Paying the rent and ALL the late fees and filing fees and any other expenses will stop an eviction if the eviction was filed for non-payment of rent.
Paying late rent won't stop an eviction that was filed for another cause and not for late rent.
In several states, and I am pretty sure that California is one of them, if the tenant has had three pay-or-quits (notice of late rent), the landlord can evict whether or not the tenant pays before court.
If the late rent is paid without the late fees and any other fees included, then the landlord does not have to accept the rent and can proceed with the eviction.
As long as you can prove that he received the payment along with the late payment keeping you current he has no grounds to evict you on late/no rent payment. Do you have a rent received payment proof of smiling and received payment like a confirmed delivery. Keep the envelope that he returned the MO in.
Do you have some proof of the exchange between you and LL about the late payment and the charges? What is his reason for returning the MO two months later. There had to be a interim paymrnt made between the late payment and his returning it. Did that payment get cashed or was that late too
It was my brother facing eviction not me, yes the eviction was for Nov but my brother paid Dec and Jan on time and in full.
I don't why his management company accepted the rent and only returned it two months later. And yes my brother had proof of everything, from money order, receipts, etc.
The judge ruled in my brother's favor. Funny you mentioned envelope, my brother also kept that.
So it has been good and I am happy for him. He just needs to continue paying on time so no more problems arise.
It was my brother facing eviction not me, yes the eviction was for Nov but my brother paid Dec and Jan on time and in full.
I don't why his management company accepted the rent and only returned it two months later. And yes my brother had proof of everything, from money order, receipts, etc.
The judge ruled in my brother's favor. Funny you mentioned envelope, my brother also kept that.
So it has been good and I am happy for him. He just needs to continue paying on time so no more problems arise.
As Oregonwoodsmoke stated a late fee could of been basically following the rent payment so your brother was late basically every month even though he paid his rent. That initial late rent vould of just carried through the Dec and Jan rent. But it's still weird that he returned Nov rent and tried to evict.
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