On December 1, 2012 I dropped off my rent check to the drop box of the property management company with whom our landlord contracts. I phoned the property management company to inquire why the check had not been cleared. I learned my house from the company's management effective December 1, 2012 and that they had delivered the rent check to the landlord. I phoned the landlord to inquire whether he had received the check which he affirmed. When I asked why he had not yet cashed the check he replied, "I'll have to talk to my lawyer about that." I requested a receipt of payment per via certified mail. The LL still refuses to cash the check. Should I send a bank check or money order and place a stop payment on the original?
Real Estate Attorney
In a word, yes. Buying a cashier's check is, in effect, opening a bank account in the payee's name. Once you do that and send him the check, he is paid.
were you previously served with an eviction notice ? if so the lAndlords position will be that the tenancy is terminated and no further rent can be accepted. if not there must be some other piece of the story . ...
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The statement "I'll have to talk to my lawyer about that" implies that the landlord has already undertaken steps to evict you. It is not clear what stage of the eviction process the landlord is in, but I suspect that is the real reason why the landlord hasn't deposited your rent check.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.