Legal Question in Real Estate Law in California

I have a month - to - month lease and for the past 2 months I had some issues with my bank causing my rent checks to bounce. I ended up paying late and nsf fees. In a week my rent is due, but my landlord mailed me a letter stating today that I am to pay with money order or else my check will be returned and I will receive a 3 day notice. My question is, are changes supposed to be in affect in 30 days?


Asked on 1/26/14, 3:02 am

2 Answers from Attorneys

That is almost certainly not a change to your lease. Either it has no payment terms, in which case the form of payment is outside the lease, so the lease is not changing, or more likely the lease already provides that repeated late payments allow the landlord to decline personal checks and require money orders.

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Answered on 1/26/14, 9:52 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The payment of rent in cash may be demanded by the landlord when there has been a history of bounced checks. This is provided by law -- see Civil Code section 1947.3(a)(2).

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Answered on 1/27/14, 9:07 am


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