I’ve attached a link below to a recent article concerning a Court of Appeals decision in a Southern California eviction dispute. The case involved a residential property and a dispute that arose when the required rental payment did not arrive by the due date to the property owner. While the holding in this case can be interpreted fairly narrowly, it is nonetheless an important case to consider if you are a property owner considering the filing of an eviction action against your tenant for non-payment of rent.
Pending the language in your lease concerning a tenants’ requirements to tender the necessary funds by the rent due date, simply not receiving the required rent on or before the 1st of the month may no longer automatically support a valid ground for a successful eviction action.
At a minimum, a property owner or their designee should attempt to engage in a discussion with the tenant during the pendency of a 3 Day Notice to Pay Rent or Quit in order to determine whether the tenant may have the affirmative defense recognized by the Court of Appeals in this recent case.