Legal Question in Real Estate Law in California
Manager refuses to provide rent reciept
I normally pay my rent by check and slipping it into the managers mail slot as I often come home from work after he stops answering his door to accept payment of rent. Some months ago (6-8) he's stopped slipping the rent reciepts under my door. As soon as he stopped doing it I inquired about it and he said he'll get to writting my reciept out. That's the answer I've been getting for the past 6-8 months. Does the law require a reciept for rent paid and what are my options under the law in order to obtain my rent reciepts?
3 Answers from Attorneys
Re: Manager refuses to provide rent reciept
The law does not require a rent receipt. Keep a record in a check register of each payment you make. If your landlord ever says you did not pay your rent, he cannot require you to produce a receipt he did not give you as proof. You will only be required to produce the best proof available to you, which would be your check register. That should be proof enough.
Re: Manager refuses to provide rent reciept
I am sorry, but this is beyond my expertise, and so I cannot give you an answer. I do suggest that you continue to pay with checks and keep the deposited checks as evidence of payment.
Re: Manager refuses to provide rent reciept
You can demand a rent receipt. Civil Code �1499 provides: "A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation."
Payment of money counts as a delivery of property. Taliaferro v. Taliaferro, (1956) 144 Cal. App. 2d 109; 300 P.2d 726
You can point this out to the landlord and ask him to comply. I can't imagine anyone filing suit to enforce this, however. What are your damages? So keep a copy of your check as proof of payment.
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