Landlord refuses to accept late rent

[robertbb99]

What is the name of your state? CA, City of Los Angeles and it is a rent control building. We have a new landlord and management company. I told my manager that my paycheck will be late because my check had to be recomputed. I tried to pay my rent to the manager a day after the 3 day pay or quit expired. The manager told me that he was instructed not to take my rent check (cashiers check with a $50 late fee included). The prior owner and management company was a lot more flexible. This is the 2nd time I have been late in the 7 years I have lived here. The manager said that they might want me out because they can get $400 or more from new tenants. I have not received an unlawful detainer yet. Would the judge allow me to stay or will he side with the new landlord. I am handicapped and in a wheelchair.

 

[justalayman]

If you had been issued a three day pay or quit, you had those three days to pay rent...and that’s it. After that time the landlord can initiate unlawful detainer proceedings and move to evict you

If the landlord accepted the money it would prevent them from terminating your tenancy.

The only salvation is if you attempted to pay the rent during a allowed grace period included in your lease.

 

[adjusterjack]

The only salvation is if you attempted to pay the rent during a allowed grace period included in your lease.

I would think that the pay or quit notice would be served after the grace period ended.

 

[justalayman]

I would think that the pay or quit notice would be served after the grace period ended.

It should have been

If it hadn’t, it allows the op a defense

 

[robertbb99]

It should have been

If it hadn’t, it allows the op a defense

The manager said he taped a copy of the 3 day notice to my door (02/04/19) but I did not see it (someone may have take it). I did receive a copy in the mail that was postmarked on 02/05/19. I did try to pay the rent on 02/08/19 but the manager refused to take it. the 3 day notice originally had the date of 02/05/19 but the 5 was changed to a 4. Does the postmark of 02/05/19 at 8:21PM mean anything?

 

[justalayman]

The manager said he taped a copy of the 3 day notice to my door (02/04/19) but I did not see it (someone may have take it). I did receive a copy in the mail that was postmarked on 02/05/19. I did try to pay the rent on 02/08/19 but the manager refused to take it. the 3 day notice originally had the date of 02/05/19 but the 5 was changed to a 4. Does the postmark of 02/05/19 at 8:21PM mean anything?

Yes. It means the post office stamped it on that date and time

I haven’t checked your laws but some states require and it is suggested in all,states that a posted notice be followed up with a mailed notice. It helps prevent the argument no notice was received. The date doesn’t mean you weren’t given notice by posting on the 4th. Unless your state requires it to be mailed the same day the notice is posted on your door, it doesn’t give you a Win


while not necessarily a winning argument for you, if you wish to fight this I would suggest arguing the landlord did not provide notice until the 5th. Since the 8th would be the third day, you would have cured the demand if the money was accepted.

You will have to make the argument in court when he files the unlawful detainer suit.


Given this is LA and rent controlled, there may be further points to defend yourself available. I have not reviewed the applicable LA ordinances. You might try searching for a governmental office that deals with landlord tenant situations and discuss this with them

 

[robertbb99]

Since my LL refused to take my late rent payment, I assume he will file an unlawful detainer. I know I have to answer it or have a default judgments against me. What kind of time frame am I looking at to wind up in court? If I lose, how many days will I have to move out? I am just trying to figure out how long it will be before I will be out (so I can make arrangements for storage and movers).

 

[quincy]

Since my LL refused to take my late rent payment, I assume he will file an unlawful detainer. I know I have to answer it or have a default judgments against me. What kind of time frame am I looking at to wind up in court? If I lose, how many days will I have to move out? I am just trying to figure out how long it will be before I will be out (so I can make arrangements for storage and movers).

You had 3 days to pay the entire amount due (including late fees) once you received the 3-day notice.

If you fail to pay during that time, the landlord can file an unlawful detainer action and you will be served with a summons and complaint.

You (generally) have only 7 days to answer the complaint. You should check the summons to see if it has the date the answer is due and/or you can call the court.

If you don't file an answer, you will lose the unlawful detainer suit by default.

If the landlord is successful with his suit, a sheriff will evict you.

 

[Zigner]

I would think that the pay or quit notice would be served after the grace period ended.

The "grace period" is simply the period during which late fees won't apply. The rent is still late and the LL can act on it. The LL obviously wants this tenant out.

 

[justalayman]

The "grace period" is simply the period during which late fees won't apply. The rent is still late and the LL can act on it. The LL obviously wants this tenant out.

A formal grace period does dissallow a pay or quit noticed from being issued because it is a true grace period. A period after which a late fee is imposed is not a grace period.

 

[Zigner]

A formal grace period does dissallow a pay or quit noticed from being issued because it is a true grace period. A period after which a late fee is imposed is not a grace period.

Whatchya wanna bet that the lease is worded along the lines of "Rent is due on the first. If rent is not received by the 5th, then a late fee of $xx will apply"? If THAT is how it's worded, then it does not disallow the notice. Folks seem to think that a clause such as this is a "grace period" on the rent, when it is actually a grace period on the imposition of a late fee.

 

[justalayman]

Whatchya wanna bet that the lease is worded along the lines of "Rent is due on the first. If rent is not received by the 5th, then a late fee of $xx will apply"? If THAT is how it's worded, then it does not disallow the notice. Folks seem to think that a clause such as this is a "grace period" on the rent, when it is actually a grace period on the imposition of a late fee.

Not disagreeing. Merely stating that a notice to cure or quit cannot be issued during a true grace period.

 

[Zigner]

Not disagreeing. Merely stating that a notice to cure or quit cannot be issued during a true grace period.

...for rent

(I know we're both saying the same thing )