Los Angeles, CA asked in Landlord - Tenant for California

Q: My landlord put 1935 on a 3 day notice 2 months ago and is now trying to charge me the $100.rent is 2035

They admitted that it was a problem on their end but they won’t accept my rent this month unless I pay the 100 from 2 months ago.I already paid the 1935 and they already accepted it and cashed it but now they are hounding me for $100.The 3 day notice for this month says 2135 when it should only say 2035

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: You are obligated to pay the true rent you owe. The amount of your rent is determined by your agreement, not the 3 day notice. The mistake, on the prior notice, stating a lower amount does not relieve you of the obligation to pay. Because you still owe $100 from the prior month, the current 3 day notice correctly states the full amount of rent you owe. You knew your rent was $2,035 last month, and that is what you should have paid.

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if your landlord issued a 3-day notice with an incorrect rent amount and you paid the amount stated on the notice, your obligations under that specific notice are generally considered fulfilled once the landlord accepts and cashes your payment. The acceptance of the reduced amount can be seen as an agreement to that month's rent.

However, if your rent is indeed $2,035 per month and you paid $1,935, technically you still owe the $100 difference. The fact that the landlord made an error on the notice doesn't necessarily waive your obligation to pay the full rent amount.

It's concerning that the landlord is refusing to accept this month's rent without the additional $100 from two months ago. You may want to communicate in writing, keeping a record of all correspondences. Explain that you paid in response to the notice given and that any error in the amount was on their part.

If the situation escalates, it might be beneficial to seek mediation or legal advice to find a resolution. Landlord-tenant laws can be complex, and each situation is unique, so understanding your rights and obligations in this context is crucial.

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