Studio City, CA asked in Landlord - Tenant and Real Estate Law for California

Q: Landlord "lost" my rent check?

I dropped my rent check off on the 2nd (due by the 3rd) like I always do, in the same place. Today, the 5th, I get a text from my landlord saying she didn't get my check and I owe a $70 late fee. I said I put the check in there like I always do, you either didn't see it or you misplaced it. Also one of my neighbors saw me drop my rent off as we had a small conversation while I was doing it. I told her this repeatedly and all she keeps saying is she'll put a notice on my door for the late fee if it's not paid. What can I do? I 100% dropped my check off on time, like always.

edit: I explained to her nicely many times that I dropped it off and to please check again. She in unwilling to look again or to care. She says I'll have a note on my door with 3 days to pay or to vacate. She has been a nightmare from when she took over 6 months ago.

1 Lawyer Answer

A: I would let your landlord know nicely that you dropped the check off as you always do, and that she must have misplaced it. Assuming you are sure that you dropped it off on time, I would then ignore her. I doubt she would go to Court over this, or enforce a late fee, as the check will probably turn up somewhere.

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