The check is written on an account with my mother s last name which is the same as mine.
2006-10-12 14:53:07 · 14 answers · asked by Gina 1 in Politics & Government ➔ Law & Ethics
Absolutely, yes, they can refuse it.
The reason is because if they accept rent from anyone other than you, that person could claim to be a tenant.
Sometimes if you submit a letter of acknowledgment with the check (you mom is paying your rent for one month as a birthday gift, etc) a landlord will accept it.
"Legally he's not even required to accept personal checks" That is so NOT true. Cash, money order, personal check and cashier's check are all valid ways to pay your rent, but your landlord cannot demand a specific form of payment unless you have previously agreed to it, either in your lease or by court order.
2006-10-12 15:33:30 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
If you can prove that the funds were in fact in your account and that the check did not bounce then it is obviously the bank's error. It sounds like the NSF fee is a fee that the landlord was charged for check processing and is passing that on to you. If it's determined that you were late then yes, they have a right to insist you pay by whatever means will assure that they will get paid. It is either that or face eviction for being late. It's your choice. Addendum: Point of clarification~ You have said there is nothing in the lease explaining how rent is to be paid. Since that is the case then they can ask to be paid anyway they want. If you were in fact late with your payment then they reserve the right to request an alternate method of payment. You cannot come back at them and say, "hey that wasn't in the lease". Remember, they could just as easily have evicted you. If you're not late get the bank to clear up the matter and you shouldn't have to pay the $125 I'm not sure the 4th of July has any relevance here. You would have given the landlord the check on Tuesday July 01. According to you the check cleared your bank on Wednesday July 02. There is no way your bank could have told the landlord on Monday July 07 that you did not have the funds. If anything they would have told your landlord the check had cleared. It really sounds like someone at your bank dropped the ball on this one.
2016-03-28 07:02:04 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Your manager can refuse any check he wants. There is no law that states anyone has to accept a check. Why not cash the check, pay him in cash and get a receipt. Another option would be to get a cashier's check (most people will accept this).
Someone answered below that he Legally has to accept any form of payment unless otherwise specified...You are absolutely incorrect in this statement. I would suggest researching the law a little bit more. Check's are not required to be accepted by anyone..ever. If that were the case you could continue to write bad checks over and over again and your landlord would have to accept them (obviously inaccurate). We've all seen places that refuse to accept checks ie restaurants. No one is ever required to accept any type of of payment other than American money. Look on the front of your bills "for all debts public and private". This statement requires that cash be accepted as payment. Look on your check. Do you see such a statement. Once again, i'll reiterate for those who think they 'know' the law but are just stating what they've heard, checks are never required to be accepted. (please, if you've answered this below and still say they are, please quote civil code number requiring this)
2006-10-12 15:04:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
1. You can't collect on a third party check
2. Legally he's not even required to accept personal checks
3. Have your mother either write the check to you and you write one from your own account - or - have your mother get a cashier's check or money order from her bank. With most banks, if she has an account they are free.
2006-10-12 15:08:29 · answer #4 · answered by Stella Bing 3 · 0⤊ 0⤋
Unfortunantly yes, stolen checks, NSF checks Etc. has become such a problem that honestly they dont have to even accept a check
2006-10-12 15:00:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If it is a private check and not a certified check, then he does have the right to refuse.
2006-10-12 15:01:26 · answer #6 · answered by Alessa 4 · 0⤊ 0⤋
Yes, third party checks are hardly excepted anywhere. If they bounce, it's hard to collect.
2006-10-12 15:00:55 · answer #7 · answered by Judy C 2 · 0⤊ 0⤋
yes he is permitted to refuse a worthless rubber stolen check. you are a freeloader. if you cannot afford rent go back home and live with your mommy
2006-10-13 06:31:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Check the terms of your lease. It's very unlikely.
2006-10-12 15:02:14 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Read your lease. If I were your landlord - and your mother wrote and SIGNED the check - I'd prefer your mother's.
2006-10-12 15:17:16 · answer #10 · answered by 34th B.G. - USAAF 7 · 0⤊ 0⤋