Legal Question in Landlord & Tenant Law in California

3-Day Eviction Notice Served

Our landlord just had 3-day eviction notices delivered to 3 of the 4 units in our building claiming that they did not pay rent. This is not true as all 3 units sent their rent in on time. There has never been any other form of a warning or notice given. I believe they intentionally did not cash the rent checks to evict the tenants but as they were sent through regular mail we have no way to prove they were sent. What is the best immediate course of action?


Asked on 6/08/07, 11:26 pm

3 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: 3-Day Eviction Notice Served

I agree with my colleagues. Unless lease specifies otherwise, it is your duty to pay landlord on time. Stop payment on check, and pay landlord directly, as per Mr. Cohen's suggestion.

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Answered on 6/09/07, 10:57 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: 3-Day Eviction Notice Served

They should hand-deliver the rent checks within the three days specified in the notice to the person listed at the bottom. The notice then will be satisfied, and nothing further should happen. In the future, it's best to hand-deliver, mail early by certified return receipt, or wire transfer. The lease/rental agreement should specify how the rent is to be paid, though.

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Answered on 6/09/07, 12:24 am
rajeshwar sharma rajeshwarnathsharma

Re: 3-Day Eviction Notice Served

Before doing anything you please go through contents of lease agreemwnt to know the mode of paying the rent.

Sent the reply of eviction notice informing that you have alrady sent rent cheques. And in the notice if the landlord has given you time to pay the rent than pay the same and inform your bank not to honour the said cheques and this you can also mentioned in the reply. Consult the attorney in this regards

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Answered on 6/09/07, 5:01 am


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