Hi, I recently came to an agreement w/my landlord where I am paying him directly now, instead of through a property manager who sublet the apt. to us. I sent the first check 3 weeks ago, certified. It's now 2 weeks past the due date. He has still not cashed the check. I live in Oakland, CA, so I have some protection from rent control. But my question is, if he claims he doesn't have the check, can I make him pay a stop payment fee (every 6 mos.) on the old check? I plan on asking him to accept direct deposit, but do I have any recourse to keep from having to issue multiple checks and stop payments?
1 Answer from Attorneys
If you sent it by certified mail and he accepted it, don't worry about it. You have proof you sent it. He does not have to cash it. Just make sure you keep the money in your account.