Can a landlord demand a specific method of payment (cash, money order)? What are my rights?

Question

My landlord claims that my roommate's check bounced even though the money is in the account. Because of this, he wants payment either in money order, certified check, or cash. The first two options cost me a fee, and the last is unreliable, since the rent is given to a super who holds it until the landlord decides to come by to pick up payment (he sometimes doesn't come by until the 10th or even the 20th). I offered to compromise and have my roommate pay me, so that I can cut one check each month. I've never bounced a check, and my payments have always been on time, even if the landlord decides to not cash my check for two months (he took a trip to Italy, and hasn't even deposited my Sept and October checks yet). I feel helpless, and don't know how much I should fight for without coming across as a bad tenant. I know that this is simply a matter of winning their trust, but what's the best approach?

Answer 1

Whether the landlord cashes your check right away or months from now is irrelivent. Its his to cash when he wants to.
Now, since your roommate gave the landlord a bogus check, the landlord has every right to refuse checks from now on. Once you give me a check that bounces, I refuse any further checks and demand payment in money orders or cash.
As far as the roommate giving you a check and you pay the entire amount of rent, If you are relying on his check not to bounce to you for the rent, the landlord cashes it and your check bounces, then you are in trouble also. Pay the landlord his rent by money order. It has a stamped date of when you got it and you have a receipt of it. Have the roomie do the same. Your roomie lost the landlords trust.
I will bet part of this is because your landlord does not cash his checks right away. Your roomies sees money in there and ends up spending it, when its the rent money.
So pay by moneyorder and you wont have any problems.

Answer 2

I think every state is different in regards to tenant/landlord laws. There might be something in writing that states the ways of payment, such as in the tenant/landlord contract that was signed when you moved in. When the check supposedly bounced, did the landlord require an immediate new form of payment, to make up for the payment that he did not receive because the check bounced? Have you talked to him about doing check form from your account instead of your roommates? If it is legit that the check really did bounce.......it can cause a lot of issues with his bank, like non-suffecient funds fees, which can easily get raised up to a lot of money. There might be something in the orginal rules that the first time a check bounces, the tenant is then required to pay through these alternate forms of payment. Perhaps you could make a payment to them through your bank. LIke you know how you can make payments for utilities, credit cards, etc through your online banking, you could see if the wouljd accept this form, and then all you would have to do is click payment, and he will receive it in a few days. Lots of luck, you could also check at your state website.

Answer 3

Usually, yes, a landlord has the right to reduce the many methods of payment to cash only. And since it wasnt your bank account, your roommate may be lying. If you want to get down and dirty with him I would ask to see the bounced check, on order to check for the NSF stamp by the bank. Then if it is a bank error they will usually correct the error and issue a letter to your landlord explaining the check was bounced in their error. (I have experienced this before)

Otherwise, I would pay with money order from now on, they usually only cost about $0.60 and its a very secure method of payment. Regardless of payment method you should ALWAYS get a receipt from your super when you give him payment. Something that he signs that acknowledges how much and when you gave him rent.

Answer 4

Your landlord is well within his rights to demand payment in a specific form. Most landlords will accept personal checks, but those terms tend to change once there is a bounced check. Whether or not your roommate had funds in his account is irrelevant. His bank refused to honor his check, and that's not the landlord's problem. It's your roomie's problem.

I suggest paying in money order fashion in the future. Even though there are fees involved, they are minimal and will resolve the problem completely. Furthermore, would you REALLY want to accept your roomie's check and risk it bouncing back to YOU, after you've paid the rent ? The best approach is for each of you to obtain a money order and pay your rents in that fashion.

Answer 5

I am a landlord and if a tenant bounces a check on me even it it a bank error, that is the last time I will accept a check. They need cash which I hand them a receipt for. (Never leave cash without getting your receipt) Or a money order. I do this because my bank charges me $25 for a check that doesn't clear.

Answer 6

No. Landlords can't force you to pay a specific way. Some people may not even have a credit card or cheque book. Simply explain to him that the bank made an error in bouncing your cheque and let him know this is the easiest payment method for you.

Answer 7

if you did not bounce the check..and it does not specify..in lease that it cannot be a check. ..i do not think he can order you.. to pay differently. however since roommate.. had bounced check..that might hold up in court..that she pay another way. roommate..should be accountable for own actions.. you pay your way and let roommate pay another. you could end up with bad check. then what?