Perimeter Mall, Inc. v. Retail Sense, Inc.

Deen, Presiding Judge.

The appellant landlord received a monthly rent check due from its tenant October 1, 1981, which it deposited and which was returned for insufficient funds. A second deposit produced the same result. At the third trial the bank refused acceptance. Appellant then filed a dispossessory proceeding for nonpayment of rent on October 28, after hand delivering a letter on October 27 which stated in part that the rent had not been paid and that the missive constituted a demand to vacate immediately. The tenant filed an answer based on the premise that it had not received proper…