LL/Mgr Wont Accept Rent then Evicts for Non-Pmt?

[b27shelle]

What is the name of your state? California
On behalf of a friend. He was late with his rent (Aug and Sep unpaid), due to his truck and tools having been stolen thereby stopping his business and income altogether for about 10 days until recovery/replacement). He borrowed the money and attempted to pay both months in full on Sep 13, but manager would not accept the payment. He returned the money he borrowed not knowing whether he may need it for another place or what to do next. On Wed (night) Sep 14 he was served with a 3-Day Pay or Quit, which if I'm not mistaken, would have ended on Sat, 9/17. The 3-Day indicated specific days and hours during which rent payments could be made, weekends not being included in that time frame. This gave him Thursday and Friday to pay the rent, during which time the manager could not be reached, through several attempts on his part. She would not return calls, answer her door ... was generally unavailable. Leaving the rent in the mailbox or on her door did not seem prudent. Needless to say, the notice has now been expired for almost a week. She has yet to be available to speak to him. I called the (owner? or higher-level manager?) to make an arrangement to submit the payment (this time offering Aug-Sep-Oct in full) directly to her. She responded that all matters were handled directly with the resident manager. I explained that we had been unable to reach her and asked what (my friend's) options were if we continued to be unsuccessful in reaching the manager. Her response was, "his options are that he can move out ... he's been served." That was the end of our conversation and I do not know where to go from here. He really would just like to pay his rent and stay there. Any thoughts?

 

[longneck]

if yout friend has evidence that he tried to pay ALL of his rent (includind any late fees) both the time before and the time after the received the pay-or-quit notice, then make sure he brings it court when he gets a summons. during the 3-day period, teh LL is required to accept payment if it is a full payment.

 

[b27shelle]

LL Not Accepting Rent/Evicting (cont.)

Thank you for that. If I may push you for a little more ... what would suffice as evidence? He went there with a check for the rent , but as it was never accepted ... it was also never endorsed, cashed, deposited and had never been seen by anyone other than my friend and me and the girl that wrote the check (which may or may not still be in one piece). And I assume that at this point, the LL is not required to accept anything? And finally (I think), should he be depositing his intended rent money into a separate account as evidence of his desire/ability to pay? I really appreciate it ... sometimes I think I know more than I really do

 

[JETX]

if yout friend has evidence that he tried to pay ALL of his rent (includind any late fees) both the time before and the time after the received the pay-or-quit notice, then make sure he brings it court when he gets a summons. during the 3-day period, teh LL is required to accept payment if it is a full payment.

Sorry, the last part of your post is correct (the landlord must accept the pay in full), but your first part is not. There is NO statutory requirement for a landlord to accept payment when offered by the tenant... if they are already in arrears.

 

[longneck]

Sorry, the last part of your post is correct (the landlord must accept the pay in full), but your first part is not. There is NO statutory requirement for a landlord to accept payment when offered by the tenant... if they are already in arrears.

huh? i don't quite follow that. which part is the first part, and which is the last part?

 

[JETX]

huh? i don't quite follow that. which part is the first part, and which is the last part?

The first part: "if yout friend has evidence that he tried to pay ALL of his rent (includind any late fees) both the time before" is NOT correct. Again, there is NO obligation for a landlord to accept ANY late payment at all. And that late payment would be a breach.
However, if they serve a 'pay or quit', then they HAVE to accept payment of the rent as long as it is full including all fees and penalty's.

 

[longneck]

i wasn't saying that the LL is required to accept a full late payment outside of the 3-day period. i suggested that the poster bring evidence of attempted payment to court with him.

i wasn't going to mention this before because it might give the poster false hope, but my brother had exactly the same situation (tried to make a full payment 10 days late, LL refused, LL served 3-day notice, LL again refused). when to court, he brought the letter he dropped in the rent drop and was returned to him by the LL with no explaination. the judge threw out all of the late fees after the day he first dropped the due rent and late fees in the rent drop.

 

[JETX]

i wasn't saying that the LL is required to accept a full late payment outside of the 3-day period.

Wow!! Now you certainly have me confused.

Your post said: "if yout friend has evidence that he tried to pay ALL of his rent (includind any late fees) both the time before and the time after the received the pay-or-quit notice, then make sure he brings it court when he gets a summons."
That is the problem. There is NO obligation for the landlord to accept a late payment BEFORE the 'pay or quit' notice. The 'tenant-in-breach' can take all the BEFORE (but after breach) information they want to court.... and it is NOT relevant.

i suggested that the poster bring evidence of attempted payment to court with him.

Not exactly... you included BEFORE the notice... and that is the 'error'.

i wasn't going to mention this before because it might give the poster false hope, but my brother had exactly the same situation (tried to make a full payment 10 days late, LL refused, LL served 3-day notice, LL again refused). when to court, he brought the letter he dropped in the rent drop and was returned to him by the LL with no explaination. the judge threw out all of the late fees after the day he first dropped the due rent and late fees in the rent drop.

And based on your post, the judge was correct. The landlord gave the OPTION of quit or pay. Your brother opted to pay. The landlord can't refuse at that point and the judge was correct in claiming rent was paid effective that day... and late fees cease.

 

[longneck]

ok, i see where the mix-up is now.

we both understand the same thing. the LL is not required to accept payment outside of the 3 day period. and if you notice, nowhere in my first sentence did i imply that. i was just suggesting what evidence to collect. the second sentence i explicitly state "during the 3-day period, teh LL is required to accept payment if it is a full payment".

FYI- you missed the point of the story about my brother. 5 days after my brother's rent was due, he attempted to pay his rent including the late fees and a letter of apology. the LL returned his rent check and letter with no explaination. 2 days later the LL posted a 3-day notice on his door. he again attempted to pay the rent and late fees, and again the LL returned the check.

when it went to court, the judge awarded the LL only 5 days of late fees since my brother had evidence that he tried to pay BEFORE the 3-day period and the LL could not provide an explaination.

i'm not saying that the poster WILL get a similar judgement, but they definitely won't if they aren't prepared with evidence that they tried to pay before.

 

[JETX]

ok, i see where the mix-up is now.

we both understand the same thing. the LL is not required to accept payment outside of the 3 day period

Question: Is that light bulb over your head a 75w or a 100w??

 

[ENASNI]

um

It really sucks for the original poster not to have access to someone to pay if they actually have the money and want to pay by now. That is really sorry.

For the JetX/ Giraffe story.. kinda funny.. If there were any late fees in the 3 day to pay it should have been null and void anyway. But heck I am probably not gonna be on these boards too much longer.. getting boring.. sorry guys.. but I love ya Jet and Giraffe..

Good luck with your Bro OP .. sounds like a really buttcheese of a landlord if they will not take the money, but really tell your bro to pay on time from now on Kay?

Outta here.. the Chargers are playing