Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2012
    Posts
    3

    Default Landlord Refuses to Accept Rent

    My question involves landlord-tenant law in the State of: California

    I have lived in a shared apartment for two and a half years on a month-to-month rental agreement. My name is listed on the rental agreement as an 'occupant' but my roommates name is listed as the 'resident'. Since we have lived here my roommate has paid the rent each month with a personal check. However, my roommate is away for a few months (and continuing to pay rent) so is unable to pay the monthly rent check. As such, I attempted to pay this months rent with my own personal check but this was refused as it was claimed that the rent had to be paid by my roommate. The check did not 'bounce' but was returned to me two days after I left it for the landlord, the landlord claiming that the check could not be accepted as it was not written by roommate. Is the landlord allowed to do this?

    In the Rental Agreement we signed it states

    'Subject to the terms and conditions of the Agreement, Owner rents to Resident and Resident rents from Owner,...'

    but nowhere in the Agreement does it state that the rent must be paid by a certain individual.

    We are now in a bit of a situation as the 'late fee' date has passed and we have still not paid our rent. I have tried to contact the landlord several times and have left several messages but have not received any response. I am also send a check to my roommate so that a 'valid' check can be written. However, this will take up to a week for this to be completed at the very least. I am trying to get in contact with the landlord to inform them of this (as well as determine why my initial check was refused) but I am unable to get any response from the phone numbers I have on file.

    Again, is my landlord permitted to refuse my rent based on what appears to be a non-condition of our Agreement? Is the landlord entitled to demand late fees from us in this situation even though we have tried everything to get in contact with them and explain/discuss the situation?

    Thanks in advance

  2. #2
    Join Date
    Jan 2006
    Posts
    28,078

    Default Re: Landlord Refuses to Accept Rent

    this is an issue for the tenant to deal with. What has he said to the issue? Why couldn't he issue a check?

  3. #3
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Landlord Refuses to Accept Rent

    My roommate is out of the country for 3 months. He has tried to get in contact with the landlord to discuss the situation but has received no response. He didn't issue a check because he didn't expect there to be any problems with my paying of the rent. He does not have his checkbook with him so I am having to send him a check so that he can write a check for this month's rent and then send it back to me.

    We have only just become aware that we appear to have different status with regards to the Rental Agreement and did not expect there to be an issue with paying rent in a different name. We were both the initial occupants and both of us met with the landlord when we were obtaining residence over two years ago.

  4. #4
    Join Date
    Jan 2006
    Posts
    28,078

    Default Re: Landlord Refuses to Accept Rent

    I don't see him having a valid justification to refusing the rent payment from you. The only thing I can think of is he is concerned about establishing some sort of tenant landlord relationship with you. I'm not seeing it. Heck, how many parents pay rent for their kids?



    Just to appease him, you might try to see if there is anyway for your friend to do an electronic transfer directly to the LL's account.

    Hopefully, if you have to go the send checks back and forth route, you have sent more than just one check for him to write out.

  5. #5
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Landlord Refuses to Accept Rent

    Thanks for your response.

    I also find it hard to see any valid justification of the LL's actions. We have previously had a very good relationship with the LL (as mentioned before, we've been here for more than 2.5 years and had no problems in the past - rent paid on time and in full etc. - and have interacted on several occasions) and this recent interaction is quite out of the blue.

    I have thought of an electronic transfer but now the problem is with there being no response from the LL for 3 days. Perhaps something has happened on their end but I am getting anxious to get this resolved so that I am not put in any 'bad standing' as a result.

    1. Sponsored Links
       

Similar Threads

  1. Grounds for Eviction: Can Your Landlord Refuse to Accept Rent if You Owe Past Rent or Fees
    By techsavy1 in forum Eviction
    Replies: 4
    Last Post: 11-09-2011, 06:23 AM
  2. Defenses to Eviction: Eviction when Landlord Refused to Accept Rent
    By Nymphaea in forum Eviction
    Replies: 1
    Last Post: 06-23-2011, 09:22 AM
  3. Eviction Notices: Landlord Refuses to Accept Business Checks, Served 3-Day Notice
    By MaxBerno in forum Eviction
    Replies: 3
    Last Post: 02-08-2011, 04:41 AM
  4. Rent and Utilities: Landlord Refuses to Accept Timely Rent
    By los angeles90007 in forum Living in the Rental Unit
    Replies: 8
    Last Post: 01-13-2011, 08:55 PM
  5. Moving Out: Moving Out Mid-Month; Landlord Refuses to Prorate Rent
    By jonas in forum Moving Out
    Replies: 1
    Last Post: 02-16-2010, 11:34 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Landlord-Tenant Forms
Expert forms for all states. Residential & commercial. Immediate download.




Untitled Document