Landlord/Tenant - Who is in the wrong:?

A tenant wrote a check for the rent. The check was returned for Non Sufficient Funds. According to the Law, the Landlord does not have to accept a personal check from that tenant for up to 3 months. Landlord wants cash from the tenant, rightfully so, however if the landlord wants the tenant to pay in Cash, the... show more A tenant wrote a check for the rent.

The check was returned for Non Sufficient Funds.

According to the Law, the Landlord does not have to accept a personal check from that tenant for up to 3 months. Landlord wants cash from the tenant, rightfully so, however if the landlord wants the tenant to pay in Cash, the landlord must “properly notify the tenant in writing with the returned check attached” for the cash requirement.

So the landlord forgets to put the cash request in writing, and now the Rent is due. Landlord attempts to get his rent payment, and the tenant refuses to pay because of not being
Properly notified.

Landlord wants to evict the tenant for non payment of rent.

Tenants’ defense is that the cash was available, however didn’t want to risk paying in cash without notice, for fear of not being able to prove payment.

Who’s at fault here?
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