Legal Question in Landlord & Tenant Law in California
Must Deliver Rent Check To Office During Office Hours... Can they do this?
I live in Los Angeles and the office of the property management company for my building is located in a neighboring city. Can they make a rule that in order to pay the rent I must deliver the check myself (not by mail) during their business hours?
The reason this would be an issue is that a) I work during those hours and b) I do not have a car and the quickest way to get there using public transportation (the only means I have) would take 3 to 4 hours round trip from where I live and 4+ hrs round trip to get there from my work.
Before someone suggests that I ask the landlord why they won't just let me send it by mail, the answer is because they would like to force old tenants out and thus are trying to make life more difficult so we'll move/default. Thus the whole ''reasonably explain the situation to them'' answer won't work. I'd really like to know what the actual rule is on this.
1 Answer from Attorneys
Re: Must Deliver Rent Check To Office During Office Hours... Can they do this?
The "actual rule" is that the rental agreement controls.
A requirement that the rent monies be personally delivered is entirely enforceable and valid, assuming that the landlord and tenant agreed to this provision. The agreement must set forth clearly, the usual days and hours that a particular person is available to accept the rent monies.
Indeed, if the landlord does not provide an address for personal delivery (such as a PO box), then it is conclusively presumed that upon the tenant's mailing of any rent or notice to the name and address of the landlord, the rent or notice is deemed received by the landlord on the date mailed (provided the tenant has proof of mailing).
If the rental agreement does not provide for the requirement of personal delivery, then the question will be whether the landlord can modify the rental agreement without the tenant's consent. Many rental agreements provide that, after the initial term has expired, tenancy becomes month to month, and during that time, the landlord is permitted to change the terms of the lease by giving 30 days notice.
This all presumes that you don't live in a rent control jurisdiction.
This is a very tricky area of the law. If you need further assistance, you should seek out a qualified tenant's rights attorney.
Good luck.
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