LL will not accept rent

[justin2003]

What is the name of your state? CA

Hi everyone. I posted a long thread here recently regarding my LL who will not acknowledge my lease as being valid with the subsequent owner. He has consulted with his atty and now feels he does not want to take me to UD court because he will lose.

Now he is trying to find another way to kick me out...
1) he will not accept rent
- I sent a personal check USPS certified mail. It was accepted but he called and said he would not cash it. When I told him to put in writing, he laughed.

My question:
Is it my duty to make sure at any cost that gets the "money" in his hand on the due date? I did all I can but he won't cash it. What should I do?

Thank you

 

[CA. Landlady]

Yeah well, what he says he's gonna do and what he actually does do may be two different things. Some trickery may be afloat here. Plan on being in court on the trial date unless you obtain official documentation he has dismissed the case. Otherwise you lose by default if you're not there which I'm sure you already know about.

With regard to the rent check, he has accepted it and you have documentation (will shortly receive it) where he signed for it. Correct? It's his problem if he doesn't cash it. Actually during the UD process, he should be returning it to you. He may be telling you he's not going to cash it just to upset you. Tell him you would recommend he discuss this matter with his attorney. :+)

I suggest you make sure you keep the funds available in your checking account.

 

[justin2003]

thanks Landlady,

I have adequate funds in my account, but he refuses to cash it. I understand I have 5 days to respond to the complaint. Thanks

 

[dadrummer]

I am not suggesting this landlord has done this but I can assure you it has been done.

Have you ever heard of a LL "losing", in other words "saying" a rent check was never received? The LL gets the check, throws it away, burns it, or whatever, then says he has never received it.

I realize you sent "something" certified USPS which the LL signed for. It could have been an empty envelope. Before you get in an uproar I'm just playing devil's advocate.

Now to answer your question. Yes it is your duty to pay your rent when it is due. As for the LL not accepting cash, that is more normal then not. You could have paid with a money order or cashier's check. How do you prove you paid? You get a receipt.

 

[justin2003]

Exactly, he will not give me a receipt.

"If the rent can't be personally delivered [like there is no address, or you only have a PO Box or deposit box], the tenant can mail the rent, and it is "paid" on the date it goes into the mailbox, even if the landlord doesn't get it until later. Mailed rent under those circumstances requires "proof of mailing", which can be done by certified or registered mail, but also by declaration of proof of service, a witness, or a simultaneously mailed copy to yourself that shows the postmark [which can be the next mail day]. You may want to call the landlord to remind him that you mailed the rent to him under new Civil Code 1962. "

 

[dadrummer]

Like I stated. The tenant could have mailed an "empty envelope" which the LL signed for. The "returned receipt" of delivery does not constitute payment of rent.

Why would anyone rent from a LL that will not give a receipt??

Do you think the LL is in the business to evict tenants? Or, do you suppose the LL in business to make $$??

1+1 just ain't addin up to two..........sorry.

 

[justin2003]

daddrummer,

I posted my situation a while back. My LL is trying to evict me because he does not want to recognize the lease I am currently under which I entered into with my previous LL. It was unanimous with the other members here that my lease was valid.

Now that the LL has no way to kick me out, he is not accepting my rent. That way, he will have a new tenant that will have to pay twice my rent. (which is market value)

I am taking the advice of an attorney and setting up a bank account udner both my name and that of the LL. So I can deposit the rent every month, give notice of it, and it will be considered accepted.

Thanks

https://forum.freeadvice.com/showthread.php?s=&threadid=139392

 

[CA. Landlady]

Justin,

What does the attorney say about you depositing it with the court and he collecting it there since he wants to play this malicious little game?

 

[dadrummer]

I'm confused. You mean to tell me you are going to set up an account in someone's else's name without their permission??

 

[I AM ALWAYS LIABLE]

I'm confused. You mean to tell me you are going to set up an account in someone's else's name without their permission??

My response:

What's so confusing, or difficult to understand? You don't need "permission" to open a bank account for someone else. It's money for God's sake! All the bank is doing is acting as an escrow.

This method is quite common in situations like this. It's more common than you think. All our writer has to do is send a certified letter informing the landlord about all of the account information, and voila! It's there if the landlord wants it.

But, our writer has proof that his rent was paid, and to whom.

IAAL

 

[dadrummer]

My question is this. How do you open an account, including an escrow account, in someone's else's name without having particular information about that individual? Like an address, SS#, etc.

 

[I AM ALWAYS LIABLE]

My question is this. How do you open an account, including an escrow account, in someone's else's name without having particular information about that individual? Like an address, SS#, etc.

My response:

I didn't think this was "rocket science" - - but I guess it is.

Okay, I'll walk you through it.

First, our writer opens the savings account with sufficient funds.

Second, our writer sends the LL a letter informing him of the account and the money.

Third, since the money is there, our writer now has a "record of deposit."

Fourth, if the LL wants his money, he goes to the bank and fills out an "identification card" with his SS#, etc., and withdraws the money.

Fifth, now our writer has a record of the name of the person who has withdrawn the money.

Sixth, if the LL refuses to go to the bank and withdraw the funds, our writer still has something to show to the judge; i.e., the account.

IAAL

 

[dadrummer]

Sounds like a pretty easy way to set someone up.

Seems there was a Paul Newman movie years ago that had some of this hanky panky in it. Anybody recall the name of that movie??

 

[CA. Landlady]

Set who up in your mind? The landlord is the one trying to set someone up in this instance. In other words, the landlord wants to try to claim the resident didn't pay his rent and then, will shoot for an eviction for nonpayment of rent. It's not uncommon for some landlords to attempt this s*** (crap).

 

[dadrummer]

When I mentioned "set someone up" I was not speaking directly about this post. Good gracious lady, use your imagination!!

As for landlords I doubt you could tell me anything I don't know from first hand experience. Having said that, if this LL is hell bent on kicking Justin to the curb I don't care how many banks he uses or how much money he deposits in how many accounts he will eventually wind up on the curb. Right or wrong, that's just the way it is. Can Justin fight it? Sure. Will he win? Not in the long run.

At this point all one can do is wish Justin good luck.