14 Aug Payment To Landlord
Payments To Landlord – Everything You Need To Know As A Tenant:
Payment to Landlord
Money comes in many different forms. It can be in cash, money order, credit card and etc. When it comes to making payments of rent, a landlord cannot require a tenant to make payment in one form. As stated in Civil Code 1947.3(a)(1) a landlord or a landlord’s agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer.
Even though another form of payment is allowed, there is an exception to when a landlord can require cash as the exclusive form of payment for rent or deposit of security. If the tenant has previously attempted to pay the landlord or the landlord’s agent with a check drawn on insufficient funds or the tenant has instructed the bank or some institution to stop the payment, the landlord may demand or require cash as the exclusive form of payment only for a period of 3 months or less. If and when the landlord chooses to demand or require cash payment under these circumstances, the landlord shall give the tenant a written notice stating the payment instrument was dishonored and informing the tenant that the tenant shall pay in cash for the time period, not exceeding three months. The notice to the tenant shall be provided by Civil Code 827, which states personal delivery and other options.
Payment to landlord by a Third Party
The law also states that a landlord or its agent shall allow a tenant to pay rent through a third party. However, in order to meet this requirement, the third party needs to provide to the landlord a signed acknowledgment stating that they are not currently a tenant of the premises for which the rent payment is being made and the acceptance of the rent payment des not create a new tenancy with the third party. Failure to provide such an acknowledgment allows for a landlord to deny acceptance of rent from a third party. Civil Code 1947.3(c) gives an example of the type of acknowledgment that can be used for third parties.
When signing the acknowledgment, the landlord and the third party can come to an agreement whether the acknowledgment is for one month or more than one month. In addition, when the third party is making a payment on behalf of the tenant, the third party is still required to make timely payments. If the third party does not make a timely payment, the tenant can still be evicted by the courts for non payment of rent.
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