Legal Question in Landlord & Tenant Law in California

managing monthly rent long distance:

''I am a landlord, own a house in CA (bay area), but live out of state (in AZ). I want to manage my property long distance. I have a potential tenant who wants to move in.

How can I manage to have the monthly rent paid regularly on time? I mean, other than having checks mailed to me every month, is there any other way? I don't want to consider Paypal, or Google as my first options, as they have large transfer fee per transaction.

Can I do post- dated checks, or Direct deposits? Will this make the tenant uncomfortable, obviously she does not know me to just hand over checks, or give me her account info. What else can i do?

I have had property management services until now, but my experience has not been good. I've usually done all the work, and paid them the fee! So pl don't suggest them to me, I'd like to handle it on my own this time, and feel I can.

I am insisting on a security deposit of more than 1 month, just to be sure I don't get swindled. Plus have a contract in place.

My main concern is the finance part, how to handle the monthly transactions without having her mail checks, and maybe site excuses for not reaching them to me in time - it's in the mail, or something like that! :)

Thanks in advance!!''


Asked on 6/09/09, 3:55 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: managing monthly rent long distance:

Your question is not really a legal one, rather, it is one of practicality. The statutes do allow you to require direct-deposit of the rent into an account you specify. My advice, however, to landlords who wish to do this is don't, because you are giving the tenant all of your banking information, unless you use that account only to collect rent, and withdraw it as soon as it comes in (thus, leavng no money for someone to syphon out later with your account information). You can, if the tenant agrees to it, establish something like PayPal where they pay you online. Your only other option is to have them mail it, and in California, their rent is deemed received upon being post-marked. As you asked, I won't suggest what is probably the best solution.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/09/09, 12:18 pm


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