landlord threatens to give me a three day notice for a late fee and bounced check fee (for rent)

[kakuas_mom]

okay so here's my situation: we gave the landlord a check for our rent on the 5th of the month which is the last day they accept....that night before walking that check in I deposited cash into my ATM at safe credit union not knowing that my cash would not be available right away because I called the 800 number to ask them about it (depositing cash in atm n availability status) and I was told it would be available asap.needless to say the check bounced and I had a major issue so I went to the bank explain the issue the bank gave me a piece of paper stating what had happened, that I was misinformed and to bring that paper to my landlord and told me once I get a letter from my landlord stating that she deposited the check on or after the 5th they would reimburse my money for the late fee and the bounce check fee since it was their employee who gave me misinformation my question is...I explained all this to the landlord I gave her a cashiers check from my bank for my rent amount not including a late fee or the bounced check fee and told her that I have to wait to get the paper from her stating when she deposited it so thatbsafe will credit me and then I could give her the rest of the money (late&bounced) I am a single mother with 3 children and I am on a very fixed income she stated I should not accept this from you because I need the full amount but I am going to accept it and I will just write you a three day notice for that check fee and late fee....-my question...can she legally do that ? Serve me a 3day and evict me for a late fee and a bounced check fee especially after she accepted my regular rent amount? please help I'm getting extremely nervous here I've had no problems with my landlord whatsoever and I am freaking out thank you all in advance and God bless

[Perpugilliam Brown]

Technically they can't serve a 3 day notice for fees - only for rent. Since she accepted your payment for the rent and it is considered paid, she cannot issue a 3 day notice to "pay rent or quit." What the landlord should do is apply the payment you made to fees first, then rent and then what is remaining is rent for which she can serve a notice. Understanding that she has to protect herself legally by serving the notice when it is required, she could also not give you a guilt trip and assume that you will do what you have said you would and pay the balance as soon as the bank refunds the fees. She has already mis-stepped though, because a 3 day notice for fees is not enforceable. I didn't see in your post if she had provided you with the letter stating when she deposited the rent check.

The details on conditions for 3 day notices are here California Tenants - California Department of Consumer Affairs

The high points:

"If the landlord accepts the rent, the landlord waives (gives up) the right to evict you based on late payment of rent."

"The landlord's notice is not legally effective if it demands more rent than is actually due, or if it includes any charges other than for past-due rent (for example, late charges, unpaid utility charges, dishonored check fees, or interest)."

"If you believe that the landlord has acted unlawfully in giving you a three-day notice, or that you have a valid defense to an unlawful detainer lawsuit, you should carefully weigh the pros and cons of contesting the landlord's likely eviction lawsuit against you if you don't move out. As part of your decision-making process, you may wish to consult with a lawyer, legal aid organization, tenant-landlord program, or housing clinic. (See "Getting Help From a Third Party".)"

Take a deep breath, don't freak out and make it your goal to resolve the situation with the least drama possible. You don't move out on a 3 day if you have paid your rent. If she did take it so far as to try to evict you, you would win in a lawsuit. Neither of you wants to go through that anyway

Best wishes and keep your chin up.