Legal Question in Landlord & Tenant Law in California
Mgmt Co. Won't Accept My Check...
...because it has both my name and my mother's name.
I just got a letter today (3/6/08) with my unendorsed rent check for this month enclosed.
The letter reads: ''The enclosed check... is being returned because the issuer (my mother's name) is not listed as a tenant in our records. We can only accept payment from those individuals who are listed on the lease/rental agreement. To legally protect everyone involved, it is necessary that the person(s) occupying the apartment are the same as those who have signed the lease/rental agreement and understand the conditions of tenancy.''
This, despite the fact that for the previous five months, the management company has happily cashed rent checks that also had my mother's name on them.
(Her name appears because I opened the account when I was 13 and she was my cosigner.)
I'm annoyed because I've already had many problems with this mgmt co. and everything with them is an ordeal. This latest issue is the most ridiculous yet.
I live in LA and work all day so it's not easy for me to go to the bank and get money orders/cashier's checks/cash for rent.
Please tell me if there is actually any legal basis in this... Thank you.
3 Answers from Attorneys
Re: Mgmt Co. Won't Accept My Check...
Provide the management company with a statement, signed with your Mother's dated signature, that she does not now, nor does she intend in the future to reside at the premises. Provide a copy of that statement to both the management company and the actual owner.
Re: Mgmt Co. Won't Accept My Check...
They are wrong. To comply with a rental agreement, unless the agreement has language in it controlling how payments are to be made, all a tenant must do is offer an instrument of legal tender [personal check, cash, etc.]. If the landlord unreasonably refuses to accept it, then that is the landlord's problem. A check that has both of your names on it has the renter as an issuer,along with some one else. That has no effect on the validity of the check. Have you known any other merchant who refuses to accept money for that reason?
" it is necessary that the person(s) occupying the apartment are the same as those who have signed the lease/rental agreement and understand the conditions of tenancy.''Where does that say anything about paying the rent. Tell them to cite the portion of the contract and/or the law that supports their position. Ask for the name and phone number of the actual owner of the property so that you can complain to them directly about the management company.
Re: Mgmt Co. Won't Accept My Check...
Mr. Shers has given you an excellent answer.
If your check (with Mom's name on it) is not banned by a provision in the lease, it is legal tender, and should be accepted.
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