What to do if my landlord didn’t receive the rent payment I sent and filed for unlawful detainer?

I have sent my payment to the landlord but for some reason the check missed. The landlord didn’t receive it and after 5 days the landlord fill unlawful detainer. During the 5 days, I didn’t even know the check was missing and the landlord never asked me. After I received the notice of unlawful detainer, I made the payment online right way. However, now the landlord has asked me to pay for the fee for filling the unlawful detainer. Should I make that payment?

Asked on July 5, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you should pay. It is the tenant's obligation to make sure the rent gets to the landlord on time, since if it doesn't, the landlord may lawfully file for eviction; and if the rent is late, is the tenant who has to incur the costs thereor, including any filing costs.


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