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The three-day notice that was served listed past due rent but acknowledged the rent check was received on the 5th of the month, the last day rent can be paid without becoming late. The landlord refused to cash the check and on the 6th served 3-day notice claiming the rent check was no good. The rent check was good. So does the following summons for Unlawful Detainer fail to state a cause of action? The law says that tendering rent does not extinguish the rental obligation but does ensure no breach of the covenant to pay rent. The tender protects against Unlawful Detainer. I demurred to the Unlawful Detainer. Could I, or should I, have made a motion to quashed, and failing that demurred?Rent is due on the first, late on the sixth. It can be proven that the rent check was good. The 3-day and complaint acknowledges the rent was received on time on the 5th. The 5th is the last day rent can be paid before being late. They never cashed the check. Instead they claim they called the bank and were told over the phone there were insufficient funds to clear the check. I can prove the bank would have told them the exact opposite. Plus, even if what they say were true, whoever they spoke to was wrong. Had they tried to cash the check, the check would have cleared. They base their 3-day notice on what they claim the bank teller told them, which amounts to inadmissible hearsay. I’d be very surprised if I lost the UD, but what would cause a demurrer to be overruled? Rental agreement says, “Rent is due in advance on the 1st of each month. If rent is due and unpaid five (5) days after the due date landlord can terminate tenancy”. I take that as the last day I can pay rent is the 6th. Am I right?