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  1. #1
    Bridget823 is offline Junior Member
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    Paying cash for rent

    What is the name of your state (only U.S. law)? New York
    My landlord insists that I pay cash for rent. He had installed a drop box to his mailbox which is located in his front yard next to the road. I don't feel comfortable leaving that much cash in a box next to the road. Also if I leave it there then I don't get a receipt upon payment. Even when he's home and we give him the rent he ends up mailing the receipt to us. This time when we went to pay rent we went on the 30th and he was home but didn't answer the door. So we left. I stopped again on the 3rd and no one was home. My husband tried calling yesterday to see if he would be there before driving out there AGAIN...well no answer. So he shows up and tells my husband that there better be an extra $25 with rent next month since we're late. My husband said that we tried paying and he said that's what the drop box is for. And that the late fee better be there next month. Idk what to do. It seems that landlords have more rights than tenants. I have actually paid rent early before and he never gives me a break on rent then, but b/c I was a couple days late b/c he wasn't home then he wants to charge me. I can't move right now. So I need to deal with this. I think one of his problems is that we had called about renting another house and those people must've called them for a reference. This happened last year and he ended up raising our rent by $50!!! I'm just waiting to see what happens this time. If anyone can help, I'd appreciate it. Thanks
  2. #2
    LillianX is offline Senior Member
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    Does your lease specify that you must pay rent in cash? If it doesn't, then don't!

    Leave him a check or a money order. He can complain all he wants to about it, but it's a traceable method of payment, and he can't do a darn thing about it. He's getting his money.
  3. #3
    applecruncher is offline Senior Member
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    Never, ever pay cash without getting a receipt at the time of payment.
    Never, ever put cash into a drop box.

    I don't know what kind of games this landlord is playing (could be trying to hide income from IRS, could be anything) but based on what you've said you need to find another place to live ASAP. You said you can't move, yet you say you looked at other places. You can't have it both ways - either put up with him or move. We can't change his behavior.

    Meanwhile send rent via money order certified return receipt requested. Stop calling him, don't listen to his nonsense, and stop playing along with his game.
    Last edited by applecruncher; 07-07-2011 at 12:12 PM.
  4. #4
    Bridget823 is offline Junior Member
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    We had a lease when we moved in 3 years ago, but it was up after a year and he never renewed it. So it's basically a month-to-month.

    We looked at a place last month when I actually had the money to move, but it didn't go through. Since then I've had some extra expenses and have had to use that money. So I can't move as of right now until I get more money saved up. My husband has been laid off most of the last 3 years so I'm trying the best I can to get out of here.

    I believe he is definitely trying to hide his income from the IRS!!!! I know the place isn't up to code and he didn't give us receipts for like 2 years (I know, I know...stupid) but I started putting my foot down and now we get them. But it's still cash and it's still a drop box. My neighbor feels I should turn them in for the house since there are things that are illegal, but I kinda have to have a place to live. I have 2 kids!! So I'm trying to just get through this until I can find something else.

    I'm tired of his attitude and I need to know what my rights are as a tenant.
  5. #5
    LillianX is offline Senior Member
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    As was said, pay your rent via money order, and send it certified mail, with a return receipt. He cannot do a thing to you for paying rent in this manner. He can't evict you for it. He's not going to go to a judge and say "Well, I want to evict them because they won't pay me in cash."

    So pay the rent via money order, and tell him it's too bad if he complains about it. Save up some money and move out.
  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by LillianX View Post
    As was said, pay your rent via money order, and send it certified mail, with a return receipt. He cannot do a thing to you for paying rent in this manner. He can't evict you for it. He's not going to go to a judge and say "Well, I want to evict them because they won't pay me in cash."

    So pay the rent via money order, and tell him it's too bad if he complains about it. Save up some money and move out.
    While the landlord can't evict her, she is a month to month tenant at this point therefore the landlord could either raise the rent or give her 30 days notice to vacate.
  7. #7
    BL
    BL is offline Senior Member
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    [url=http://www.housingnyc.com/html/resources/attygenguide.html#1]NYC Rent Guidelines Board[/url]

    Sent the landlord a letter RRR Certified mail citing the rent payment Law.

    Advise the LL if he wants you to continue paying in cash , the cash and rent receipt must take place at the same time ,and that the landlord must make a time and place that is convenient for both of you.

    Advise the landlord you attempted rent payment by cash to receive a receipt at the same time . That you will be declining to pay the late fee because he insist on putting it in a drop box .

    If the LL does not pick up the certified letter and later it is returned to you ,do not open it ,but keep it in a safe place ( with a copy of the letter ) if need be for court.

    Otherwise use pay by personal check in the drop box .

    Landlords must provide tenants with a written receipt when rent is paid in cash, a money order, a cashier’s check or in any form other than the personal check of a tenant. Where a tenant pays the rent by personal check, the tenant may request in writing a rent receipt from the landlord. The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number. The receipt must be signed by the person receiving the payment and state his or her title. Real Property Law 235-e.
    MONTH-TO-MONTH TENANTS

    Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law 232-c)

    A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.

    The termination notice need not specify why the landlord seeks possession of the apartment, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Real Property Law 232-a and 232-b.
    The landlord would be within his rights to give you proper notice .

    However you have been advised by someone in the know , to file a complaint code violations for possible code violations.


    Non payment of rent will get you evicted regardless .

    Retaliatory Eviction
    Retaliatory eviction occurs when a landlord attempts to evict a tenant in response to a legal action taken by the tenant. Examples of actions taken by tenants that sometimes result in retaliatory eviction include filing written complaints or lawsuits against a landlord, or becoming a member of a tenant's organization. Most states have specific laws outlawing retaliatory eviction, however a tenant may have to prove in court that a landlord's conduct was retaliatory. In some cases, the law may assume retaliatory conduct on the landlord's part if the tenant engaged in certain activities within a specified amount of time. The burden would then be on the landlord to prove that his conduct was not retaliatory, and that that the eviction was reasonable and legal. Local laws may allow a tenant who has been the victim of retaliatory eviction to sue for both actual and punitive damages in addition to attorney fees.
    Last edited by BL; 07-07-2011 at 03:10 PM.
  8. #8
    applecruncher is offline Senior Member
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    I believe he is definitely trying to hide his income from the IRS Report him to the IRS. However, since you were stupid enough to go along with paying him in cash and not getting a receipt for two years or longer, might be hard to prove.
    I know the place isn't up to code and he didn't give us receipts for like 2 years (I know, I know...stupid) but I started putting my foot down and now we get them !!!!
    Yes. So after TWO YEARS you put your foot down about getting a receipt. And for THREE YEARS you've chosen to stay in a place that's not up to code.


    I need to know what my rights are as a tenant.
    You've already been told.
    Last edited by applecruncher; 07-08-2011 at 12:07 PM.
  9. #9
    Bridget823 is offline Junior Member
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    Well thank you applecruncher for your reply. Your rudeness was very helpful, I appreciate it.

    BL thank you!!! That's the help I was looking for. That website was what I was looking for.
    I know I haven't handled everything with the landlord in the right way, but the last three years haven't exactly been a vacation.

    Where I live, it is not that easy finding a new place to rent. The landlords are getting pickier and pickier and the rent is getting higher and higher. And then when your present landlord is possibly giving you a bad reference and then gets ticked off at you, that doesn't help.

    Anyway thanks everyone for the helpful information.
  10. #10
    tranquility is offline Senior Member
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    Don't forget for you and the other tenants to cut a 1099-rents to the owner at the end of the year.

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