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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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I have a commercial retail space in California. I pay my rent

Customer Question

I have a commercial retail space in California. I pay my rent via EFT. The money has left my account, but because of delays with the landlords bank, it hasn't posted to their account yet. They are now demanding I pay rent by cashier check immediately, because they don't have it yet. I cannot afford to pay rent twice. Do I have any options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.Do you have a written confirmation from your bank that the rent payment was sent to the landlord's bank?
Customer: replied 1 year ago.
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.Did you provide the landlord with the written confirmation of the funds transfer?How late is the rent and what remedy does the landlord has under your written commercial lease if the rent is late?
Customer: replied 1 year ago.
If my rent is late I am to pay a $40 late fee, which was included. My rent is due on the first. Due to an unscrupulous credit card company continuing to take funds from our existing account we had to close it, and open a new one. I informed the landlord (who is drunk most of the time) of this situation and they were fine with it. They didn't ask, but I included the late fee to be sure it wouldn't be asked for later. I told here to be safe, that it would like me a week. On the 6th, I initiated the electronic transfer, by the end of the business day the funds were withdrawn from my account, and sent. It s common, since I do theis every month, that it takes between 2 and 3 business days for the funds to appear in their bank account. At this time, which is technically only 1 business day so far, the funds have not arrived.
Customer: replied 1 year ago.
I have shown her the electronic transfer from my bank, she doesn't care, just keeps threatening me that "she has bills to pay and she wants her money now."
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.What is your monthly rent?Did the landlord make any type of written demand for the rent to be paid by a cashier's check?
Customer: replied 1 year ago.
$1500. She it in the form of a text on my phone.
Customer: replied 1 year ago.
she sent it^
Customer: replied 1 year ago.
My concern is that she is very vindictive. She is involved with lawsuits with two other tenants for illegal evictions....I only know this because she "orders" me every time she stops by, which is about every day, that I am not to speak to anyone else she rents to.
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.While I cannot comment on your specific case, generally, as long as, the commercial tenant does have the proof that the rent payment was forwarded to the commercial landlord's bank account, it is unlikely that the landlord would succeed in evicting such tenant, however, if the funds are not received within next 2-3 business days, it might be a good idea to have the bank track the transfer of funds and also to consider making a payment by cashier's check, to avoid any further legal complications and if the fund sent by ETF are received by the landlord after another payment is made by a cashier's check, then the funds sent be EFT can be applied toward next month rent.I wish you the best of luck!
Customer: replied 1 year ago.
I cannot ask for a refund of what would be a double payment?
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.Yes, it is possible to request a refund of the overpaid rent, but realistically, in most cases under similar circumstances, the overpaid rent would simply be applied toward the next month rent, especially given the fact that it is already May 10 and the next monthly rent payment is due on the first of each month.I wish you the best of luck!
Expert:  Alex Esquire replied 1 year ago.
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.