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California 3 Day Notice Pay or Quit / Unlawful Detainer Valid in this situation:?
Landlord demanded Cash Only rent, but didn’t follow proper procedure to submit the request in writing.
See California Civil Code section 1947.3(a)(2)
I could’ve paid my rent on the 3rd day of notice with a check, but couldn’t get cash until the next morning. I accommodated Landlord and payed him in cash; He not only refused to accept my Full Cash Rent + Late fee, I am now being evicted , already being served the Unlawful Detainer.
Also, Landlord did not specify valid method of payment (Money Order ,Cashiers Check , etc) Or financial institution , on 3 day notice to Pay or Quit, has unlawfully requested cash without proper notice.
Believe me, I COMPLETELY understand the landlords rights regarding the '3 day notice', which is why i Was in my legal rights by providing the check before deadline. I feel like i was maliciously tricked into a Legal death Trap.
Side note, besides my full Rent + late fee, i Offered an additional month of advanced rent Cash in hand , Denied , As well.
Is this Valid?
12 Answers
- babyboomer1001Lv 72 years ago
You will be given a chance in court to present your defense. Hand the code to the judge and explain that the landlord failed to give notice according to the law. If you successfully prove that the landlord failed to follow the law/code in the evicting proceedings, then the judge will likely just dismiss his lawsuit. However, don't get too cocky about it. Just state the facts. A court is no place for feelings.
Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience. - ?Lv 72 years ago
Here is what I would do. I would get a friend with a video camera. In one cut, I would have him videotape me putting the correct money into an envelope, waling to the landlords door and knocking on the door. When the landlord opens the door tell him here is your rent plus a late fee. If the landlord won't take the envelope then drop it at his feet and walk off. You delivered the rent plus late fee and have proof of it. Technically he can't evict you now that your rent is paid - where I am he has to stop the eviction at this point (I'll bet the same is true in CA, ie you can't be evicted for money you have paid).
- Casey YLv 72 years ago
Have you bounced a check in the past?
Clearly, this landlord wants you out for some reason....I'd be looking to move anyway.
I would absolutely go to court and defend myself...you still don't want an eviction on your record.
- Anonymous2 years ago
Let him explain it to the judge. See if you need to pay rent to an escrow account in the mean time. I don't know cali's laws. People that only accept cash are generally avoiding someone else knowing they have money. He's probably being sued and doesn't want the other party to get the rent you're paying.
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- SlickterpLv 72 years ago
If he refused full rent and late fee, then he's going to lose. IF he cannot show he gave you proper notice of the change in payment form, he's going to lose.
- realtor.sailorLv 72 years ago
I assume you had previously had a check returned for insufficient funds as that is the circumstance outline in the civil code you referenced. However he must notify you of cash only but it makes no reference to the quit or pay.
You need legal advice.
- TiLv 72 years ago
Have you ever given he landlord a hot chick? If so, he does not have to accept any checks from you. Landlords NEVER have to accept late or non-payment of rent. A judge cannot overrule his desire to get rid of you. Start packing.
- MaxiLv 72 years ago
Rent is due on rent day in the landlord account or as cash in the landlord hand, if a landlord allows you up to 3 days after to pay then rent is up to 3 days late and not only were you late paying rent you wanted to pay by check which means it was even later. So yes 3 day quit or pay notice, you failed to comply and it seems the landlord is fed up of late/non payment of rent
- 2 years ago
You were late paying your rent, I hope for the first time. On day 3 you offered landlord a check. But that would not have cleared on day 3, you say yourself that you did not have the cash on that day. To meet the 3 day deadline cash or equivalent had to arrive on day 3. I do not think the judge is going to see it any differently.
Yes you can string this out but maybe it would be best to talk to your landlord and say you now understand your mistake and will budget in future so that your landlord has the money on due date. Landlords do not want to spend money on evictions.
- 2 years ago
Well. This landlord has other motives. What you can do, is appear in court, and explain. And keep dragging it out. Until the landlord gives up. Because it is unlawful to kick someone out physically, if they keep showing up in court.