Legal Question in Landlord & Tenant Law in California

I filed an unlawful detainer for nuisance against tenant in January. In early February I inadvertently accepted rent from tenant. The next day I realized my mistake and issued a refund check to tenant. The tenant did not cash the check. In March i entered into stipulation agreement with tenant. One of the provisions was that I waive all rents and other costs due me. I thereupon put a stop on refund check. My attorney is not sure if this action violates the waiver term of the stipulation. Whats your opinion?


Asked on 3/24/12, 12:25 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Your attorney is closer to the facts then any of us, but it would seem to me that you are in fact charging the tenant rent and should not have put a stop payment on your prior check. But I would have to know more details of what happened and was agreed to.

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Answered on 3/24/12, 5:59 pm


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