Re: reply to the reply by i am always liable
ltj2457 said:
I went to pay my landlord in cash and he said that he does not accept it. He said "read my lease". so I gather I agreed to his terms. My question is does ny declare legal tender to be accepted by all thereby nolifying the agreement. If I am not mistaken an illegal agreement is not binding.
Lenny
My response:
No, it's not an "illegal agreement."
Didn't you read or understand what I already wrote?
What is the matter with your brain?
Two people can agree to any type or form of "consideration" they choose, in a written contract. Just as long as the "consideration" itself is legal. If so, the contract is FULLY enforceable. So, if the landlord is saying to you, "Our contract states that you and I agreed that you'll pay your rent with a cashier's check or money order", then that's perfectly legal. No one "has" to accept cash, if the contracting parties have agreed to another "form" or
"type" of "consideration." For example, if you and your landlord agreed that your rent can be paid in Marijuana each month, that would be an unenforceable contract because the "consideration" (the marijuana) itself is illegal.
And besides, why would you want to pay a landlord in cash? That's just asking for trouble.
IAAL