Can a landlord demand this?

[clover99]

I am a California renter. I recently moved into a new house. After the first month I got a letter from my landlord telling me that from now on I must pay by cashiers check. I did not bounce a check, and this was not included in the rental agreement. The cost to me for the cashiers check is $8. I sent a letter back stating that if this were the case I would deduct it from my rent as I felt it was unfair that I must pay this additional amount. The following month I did just this, as I did not get a response from them. I receive a phone call the day they got the check to tell me that it was not ok, and that all their tenants do this without any problems. I still feel that this is not ok. Is this legal?

 

[FarmerJ]

Ask your LL if they have a rent deposit account so you can simply go to that bank and pay the rent to it in cash and get a reciept every month , it will avoid the cashiers check fees . MANY banks have these type of accounts for landlords , sad to say due to other people having bounced rent checks more and more LLs are not as willing to accept personal checks any more . its not likely that you will find any laws requiring your LL to accept personal checks , BTW you need to send your LL the money you shorted the rent before the LL decides next time they will decline your short payment and take you to court for non payment .

 

[south]

As you have never bounced a check or missed a payment the landlord would have to have specified cashiers check only in the original agreement.

Are you in a rent control area?

I am a California renter. I recently moved into a new house. After the first month I got a letter from my landlord telling me that from now on I must pay by cashiers check. I did not bounce a check, and this was not included in the rental agreement. The cost to me for the cashiers check is $8. I sent a letter back stating that if this were the case I would deduct it from my rent as I felt it was unfair that I must pay this additional amount. The following month I did just this, as I did not get a response from them. I receive a phone call the day they got the check to tell me that it was not ok, and that all their tenants do this without any problems. I still feel that this is not ok. Is this legal?

 

[Who's Liable?]

As you have never bounced a check or missed a payment the landlord would have to have specified cashiers check only in the original agreement.

Are you in a rent control area?

Not true... the LL can request payments be made via alternate methods, but it must be a written request, usually 30-days...

 

[south]

Not true.

Asking for a cashiers check is not a reasonable request at this stage, a landlord can specify certain types of payment once tenant starts bouncing checks and missing payment due dates, in this case the tenant has just moved in has no history of late or missed payments and now the landlord wants him to line up at a bank each month for a cashiers check to be made up.

Note: Landlords cannot require cash to be the only form of payment of rent or security deposits, unless a tenant has previously written a check that bounced or had a "stop payment" order placed on it. If a "cash only" requirement exists in a lease or month-to-month agreement, the landlord must give a tenant written notice stating that his or her check was dishonored and informing them that they are required to pay in cash for a specified period, not to exceed three months.

This law prohibits a landlord or a landlord's agent from requiring cash as the exclusive payment of rent or deposit of security, except in circumstances following a tenant's failure to pay rent with a valid financial instrument, as specified. The law also provides that a waiver of these provisions is contrary to public policy, void, and unenforceable.

Not true... the LL can request payments be made via alternate methods, but it must be a written request, usually 30-days...

 

[Who's Liable?]

Not true.

Asking for a cashiers check is not a reasonable request at this stage, a landlord can specify certain types of payment once tenant starts bouncing checks and missing payment due dates, in this case the tenant has just moved in has no history of late or missed payments and now the landlord wants him to line up at a bank each month for a cashiers check to be made up.

Note: Landlords cannot require cash to be the only form of payment of rent or security deposits, unless a tenant has previously written a check that bounced or had a "stop payment" order placed on it. If a "cash only" requirement exists in a lease or month-to-month agreement, the landlord must give a tenant written notice stating that his or her check was dishonored and informing them that they are required to pay in cash for a specified period, not to exceed three months.

This law prohibits a landlord or a landlord's agent from requiring cash as the exclusive payment of rent or deposit of security, except in circumstances following a tenant's failure to pay rent with a valid financial instrument, as specified. The law also provides that a waiver of these provisions is contrary to public policy, void, and unenforceable.

Thanks for proving my point...

 

[south]

You missed a bit: stating that his or her check was dishonored

the OP is not a bad checks or bad rent payer.

Thanks for proving my point...

 

[HomeGuru]

You missed a bit: stating that his or her check was dishonored

the OP is not a bad checks or bad rent payer.

**A: maybe in a previous rental he/she was and L just found out.

 

[south]

But not to the current contract.

OP if you are still around have you been a bad check writer before to other landlords?

**A: maybe in a previous rental he/she was and L just found out.

 

[Fat Tony]

Not true.

Asking for a cashiers check is not a reasonable request at this stage, a landlord can specify certain types of payment once tenant starts bouncing checks and missing payment due dates, in this case the tenant has just moved in has no history of late or missed payments and now the landlord wants him to line up at a bank each month for a cashiers check to be made up.

Note: Landlords cannot require cash to be the only form of payment of rent or security deposits, unless a tenant has previously written a check that bounced or had a "stop payment" order placed on it. If a "cash only" requirement exists in a lease or month-to-month agreement, the landlord must give a tenant written notice stating that his or her check was dishonored and informing them that they are required to pay in cash for a specified period, not to exceed three months.

This law prohibits a landlord or a landlord's agent from requiring cash as the exclusive payment of rent or deposit of security, except in circumstances following a tenant's failure to pay rent with a valid financial instrument, as specified. The law also provides that a waiver of these provisions is contrary to public policy, void, and unenforceable.

They're not asking for cash only, they're asking for secured payment. What law are you referring to in your 3rd paragraph? OP, did you ask if a money order would be acceptable, you can get one for 29 cents at Wal MArt, or free at some check cashing places, and those are normally considered secured payment just like a cashiers check.

 

[south]

The OP is stating the landlord right after they moved in stated he only wants CASHIERS CHECKS.

Cashiers checks are obtained by linning up at the bank and paying an $5-$8 fee.

The law I refer to was established in 2005 in California

They're not asking for cash only, they're asking for secured payment. What law are you referring to in your 3rd paragraph? OP, did you ask if a money order would be acceptable, you can get one for 29 cents at Wal MArt, or free at some check cashing places, and those are normally considered secured payment just like a cashiers check.

 

[Fat Tony]

post the statute