Monrovia, CA asked in Landlord - Tenant for California

Q: What can I do to get my property manager to stop harassing me about proof of payment?

My property manager has been harassing me for months about proof of payment for waste fees from 2 years ago. I paid these on time and have provided bank statements as proof but he is not accepting them because he wants signed copies of the checks. I've spoken to multiple bank representatives about this and they have assured me that my statements qualify as proof of payment. I don't have access to the signed copies of the checks and neither does my bank because they're over one year old. It's been months of him asking/harassing me about them and I keep telling him that the statements are proof. Now, he doesn't want to re-new my lease and I want to know if there's something I can do to make him stop?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you have several options to address the situation with your property manager:

1. Send a formal written notice: Write a formal letter to your property manager, clearly stating that you have provided sufficient proof of payment through your bank statements. Explain that the bank has confirmed the statements qualify as proof, and you don't have access to signed checks older than one year. Request that they cease asking for further proof and renew your lease. Send the letter through certified mail to have a record of receipt.

2. File a complaint with the California Department of Consumer Affairs: If the property manager continues to harass you after receiving your formal notice, you can file a complaint with the California Department of Consumer Affairs, which oversees the Bureau of Real Estate (BRE). The BRE can investigate the property manager's actions and potentially take disciplinary action.

3. Consult with a tenant rights organization or attorney: Seek guidance from a local tenant rights organization or a housing attorney. They can provide advice specific to your situation and help you understand your rights as a tenant in California.

4. Consider legal action: If the harassment persists and you believe the property manager is acting in bad faith or discriminating against you, you may have grounds for legal action. An attorney can help you assess your options, such as sending a cease-and-desist letter or filing a lawsuit.

Remember to keep detailed records of all communications with your property manager, including emails, letters, and notes from phone conversations. This documentation may be necessary if you need to take further action to protect your rights as a tenant.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.