Legal Question in Real Estate Law in California
As of January 1st of 2015, my apartment complex is requiring all payments to be made via online payment with a credit card (or check card with the Visa/Mastercard symbol). I know that most people have check cards with the Visa/Mastercard symbol so this isn't the issue, but this particular complex is in a downtown neighborhood close to a college campus and therefore has many students with roommates. With this new policy, you cannot split the rent, it must all be paid at once and in one sum. I don't particularly have a problem with this but I guess I wanted to know if it is legal?
1 Answer from Attorneys
It sounds like it violates Civil Code section 1947.3. "Except as provided in paragraph (2), 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." (Civ. Code, sect. 1947.3, subd. (a)(1).)
I say sounds like, because it is not clear from your post whether you meet the exceptions set forth in paragraph 2.