Legal Question in Real Estate Law in California
Landlord won't take personal check
I have had three rent checks bounce in the last two years. The first two times I notified the manager before they found out and promptly gave them a cashier's check for the rent plus late and return fee. The third time, the check was returned to them (6 days into the month) before I informed them. Again, I paid the above amount by a cashier's check. The manager tells me that he will no longer accept personal checks from me and from now on I either have to pay cash or with cashiers check. Can they do this?
1 Answer from Attorneys
Re: Landlord won't take personal check
The starting point is to look in your lease or rental agreement and see if there is any written provision about form of payment. If so, that controls until the agreement expires or is modified as permitted by its terms. Unilateral changes usually are not permissible.
If there is nothing in writing, the law assumes that the rent is to be PAID IN CASH. Therefore, the landlord can change policy on accepting checks and prior practice doesn't control and he doesn't have to give 30 days notice.
The controlling case is Strom v. Union Oil Co., (1948) 88 Cal.App.2d 78 at page 84.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
