Eviction threat for unpaid rent. What options are out there?

[1concerned1]

What is the name of your state?CA

My stepdaughter and her hubby rent an apartment in the (what I call) ghetto part of a small southern California town, not too far from LA (~75–100 miles or so). The landlord accepts payment only by money order or cashier’s check. They have been living in this dump for the past 4 months and their rent was never late or missed.

This time, my wife saw my stepdaughter buy the money order from Walmart and put it in an envelope, seal it and write the landlord’s address on the envelope in the last week of November, while they were visiting us. She says she mailed the envelope the very next day.

Come two weeks or so later, landlord calls her and her hubby asking where his rent is. Considering the MO of the landlord, waiting almost 2 weeks to ask about missing rent is kinda unexpected. My stepdaughter went to Walmart, which is where the money order is from and they told her that the money order is cashed already. But investigating who and where it was cashed may take up to 60 days.

Landlord says you either pay rent or I will evict you. As expected from any millennial kids, they are living paycheck to paycheck and do not have another month’s rent saved anywhere. So they can not pay him. What are their options ? I am sure the landlord can start the eviction process claiming he did not receive the rent but how long does this give them, before actually having to vacate the premises ? Also, what happens in the process, it comes out that someone in his household got his driver’s license, went to the check cashing place and cashed the check ? He is a Chinese origin person with a very common name like “John Lee” in a place like southern Cali.

What is your best advice for them, other then getting their act together and putting away some rainy day funds, as I sure know it is not gonna happen.

 

[Just Blue]

What is the name of your state?CA

My stepdaughter and her hubby rent an apartment in the (what I call) ghetto part of a small southern California town, not too far from LA (~75–100 miles or so). The landlord accepts payment only by money order or cashier’s check. They have been living in this dump for the past 4 months and their rent was never late or missed.

This time, my wife saw my stepdaughter buy the money order from Walmart and put it in an envelope, seal it and write the landlord’s address on the envelope in the last week of November, while they were visiting us. She says she mailed the envelope the very next day.

Come two weeks or so later, landlord calls her and her hubby asking where his rent is. Considering the MO of the landlord, waiting almost 2 weeks to ask about missing rent is kinda unexpected. My stepdaughter went to Walmart, which is where the money order is from and they told her that the money order is cashed already. But investigating who and where it was cashed may take up to 60 days.

Landlord says you either pay rent or I will evict you. As expected from any millennial kids, they are living paycheck to paycheck and do not have another month’s rent saved anywhere. So they can not pay him. What are their options ? I am sure the landlord can start the eviction process claiming he did not receive the rent but how long does this give them, before actually having to vacate the premises ? Also, what happens in the process, it comes out that someone in his household got his driver’s license, went to the check cashing place and cashed the check ? He is a Chinese origin person with a very common name like “John Lee” in a place like southern Cali.

What is your best advice for them, other then getting their act together and putting away some rainy day funds, as I sure know it is not gonna happen.

Huh? Are you suggesting that "they all look alike"?


How is the check made payable? For example; "John Lee" or "Lee Reality"...

 

[1concerned1]

It was made to his name, personally. No company name. And the check was cashed in one of those check cashing places, you come across strip malls. It was not deposited into a bank account as one expect from a landlord of multiple dwelling unit.

And, yes, to my "astonishment" all of the millennial kids are alike. Despite how good your parenting skills are, they learn to live care-free from their peers. My wife is a thrifty saver. So am I. If something like that happened to us, we wouldn't bat an eyelash and made new check until the situation is cleared. We could help these two, but they need to learn a lesson here. My wife already "loaned" her daughter the ~$1K deposit they needed to put down to rent this dump and I know for a fact, that loan is not getting paid back anytime soon, if ever. Rewarding bad behavior is not in our books.

 

[Just Blue]

What is the name of your state?CA

Also, what happens in the process, it comes out that someone in his household got his driver’s license, went to the check cashing place and cashed the check ? He is a Chinese origin person with a very common name like “John Lee” in a place like southern Cali.

This is the comment I was referring to. ^^^

And, yes, to my "astonishment" all of the millennial kids are alike. Despite how good your parenting skills are, they learn to live care-free from their peers. My wife is a thrifty saver. So am I. If something like that happened to us, we wouldn't bat an eyelash and made new check until the situation is cleared. We could help these two, but they need to learn a lesson here. My wife already "loaned" her daughter the ~$1K deposit they needed to put down to rent this dump and I know for a fact, that loan is not getting paid back anytime soon, if ever. Rewarding bad behavior is not in our books.

You are also wrong about millennial's ....not all are alike. Both of mine live successful and responsible lives. Eldest pays more in rent for her home in the San Jose area than many people earn in a month.

You complain about the "care-free lifestyle" and yet are posting her issues on a public website in order to find out how to "fix" this for her. I find that ironic.

 

[Zigner]

Please have one of the legally involved parties log in to ask their own questions. Thank you.

 

[stealth2]

You are also wrong about millennial's ....not all are alike. Both of mine live successful and responsible lives.

Ditto this. Both of mine are the same.

 

[Zigner]

Ditto this. Both of mine are the same.

I've got a mix lol. Not really. All of mine are making it on their own

 

[stealth2]

I've got a mix lol. Not really. All of mine are making it on their own

I won't say the unexpected doesn't happen. Like when my youngest left her husband. Yes, her coworkers helped her out - paid back. He sister & fiance helped with some extra for a deposit on her new place. She's working on paying it back. Both work, pay their bills, etc.

In a situation like in this thread? I'd likely help as I could. It's not always easy to have extra $$ laying around.

 

[Zigner]

In a situation like in this thread? I'd likely help as I could. It's not always easy to have extra $$ laying around.

Agreed. This isn't a matter of being irresponsible...this is a matter of a crime being committed and the "kids" are victims.

 

[FarmerJ]

be polite but tell them they have to get a checking account to pay bills with from the same bank that the LL uses and I mean rent and electric and if they have CATV and things like car insurance SO that way they can stop payment right away if a check goes missing. There is nothing they can do but beg and borrow and pawn every thing they can and live with waiting for the money order company to refund them.

 

[stealth2]

be polite but tell them they have to get a checking account to pay bills with from the same bank that the LL uses and I mean rent and electric and if they have CATV and things like car insurance SO that way they can stop payment right away if a check goes missing. There is nothing they can do but beg and borrow and pawn every thing they can and live with waiting for the money order company to refund them.

Exactly. Since they can't count on family help.

 

[Gail in Georgia]

It would appear from the posting that this young couple did everything "right"; purchased the money order for the rent, mailed it off in plenty of time for the December deadline. So, why are they being blamed by this yokel because it appears the money order got stolen and cashed by someone else?

Gail

 

[LdiJ]

be polite but tell them they have to get a checking account to pay bills with from the same bank that the LL uses and I mean rent and electric and if they have CATV and things like car insurance SO that way they can stop payment right away if a check goes missing. There is nothing they can do but beg and borrow and pawn every thing they can and live with waiting for the money order company to refund them.

The landlord doesn't accept anything other than money orders or cashier's checks. Therefore paying the rent from a checking account isn't going to fly.

This isn't the case of a lost money order. They already confirmed the fact that the money order was cashed. Either the landlord cashed it and is lying about it, or someone stole it from the landlord (or even before the landlord got it) and cashed it. Therefore, its unlikely that the money order company is going to refund them the money. Nothing was the money order company's fault and its not lost. There are three possibilities here:

1. The landlord cashed it and either forgot or is lying about it. If that is proven by the money order company's investigation then its the landlord's problem.

2. Someone stole it from the landlord, which again, should make it the landlord's problem.

3. Someone stole it before it got to the landlord, and that is going to make it the problem of the OP's stepdaughter.

In none of those instances will there be a refund from the money order company. If 1 or 2 happened the landlord should not end up prevailing with an eviction. If 3 happened the stepdaughter is screwed. If 1 or 2 happened and they paid rent a second time, the landlord won't file for an eviction but it may be impossible to get the landlord to acknowledge that he was double paid without taking him to court...and even then it may be problematic.

All and all this is a seriously problematic situation for the stepdaughter and her family, and none of it is their fault. I am rather disgusted by the OP's attitude that helping them out when none of it is their fault is "rewarding bad behavior".

I remember my own parents living paycheck to paycheck when we were children. Life got better for them as time went on, but they still struggled when they were a young family, and that was 50 plus years ago.

 

[Dandy Don]

You can look up California eviction law and landlord/tenant law online yourself. They will have a certain amount of time to occupy the premises after an eviction notice is served. Your best bet to figure out what you can do is to talk to a local landlord/tenant law attorney to figure out the best options.

Does this landlord specifically ask that rent payments only be sent to him by mail? If I were a tenant, I would ask him what other options are there for paying the rent--asking him to come in person to pick it up or if the tenants can bring it to him in person? Mailing it in seems like a somewhat risky option if the letter would get lost in the mail.

 

[Zigner]

Frankly, the LL is going to look very foolish when the tenants produce proof (a copy of the cashed item) showing that a person with the LL's license cashed the money order. A court isn't going to buy his story - the tenants aren't going to be evicted for this.