California - Tenant Post Dated Check causing Tenant Injury

[HRZ]

IF the check supposedly good date is now here I sure would NOT return a dime of tenants money !

 

[AgentSmithers]

Okay, so I wanted to come back and report what happened to assist anyone else coming across this crap. After the helpful assistance of everyone here, I assumed the breach was a Minor Breach vs a Material Breach (Yes, that's up for the Judge to ultimately decide). After that, I made the choice to see if the tenant was going to buckle down and not pay but then possible be held liable for a 3-year lease being broken (Which would be pretty scary for him) so I ended up calling his bluff and sent him a notice to Pay-Or-Quit, Well he obviously went to his lawyer then said, "My Attorney recommends I make this payment so I will". Then follows up by sending a large basket list of request to repair. The Tenant started off strong with his demands and then may have been educated on really what he's working with by his own lawyer and threw in the towel. I'm not saying this couldn't have turned out into a court battle but it worked out for me. Thank you, Zinger, and, everyone else with the advice! I continue to learn more and more on here every day.