Money order (by AW [CA]) Apr 12, 2021 5:30 PM|
Money order (by Steve [MA]) Apr 12, 2021 6:05 PM
Money order (by Moshe [CA]) Apr 12, 2021 6:29 PM
Money order (by Moshe [CA]) Apr 12, 2021 6:37 PM
Money order (by Allym [NJ]) Apr 12, 2021 6:39 PM
Money order (by AW [CA]) Apr 12, 2021 6:55 PM
Money order (by Coplin [CA]) Apr 12, 2021 9:58 PM
Money order (by Robert J [CA]) Apr 12, 2021 10:14 PM
Money order (by Sorta Blonde [CA]) Apr 13, 2021 12:04 PM
Money order (by mike [CA]) Apr 13, 2021 1:30 PM
Money order (by AW [CA]) Apr 13, 2021 1:39 PM
Money order (by Salernitana [CA]) Apr 14, 2021 12:46 AM
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Money order (by AW [CA]) Posted on: Apr 12, 2021 5:30 PM
Tenant's personal check for April 2021 rent was bounced. According to our lease, after receipt one NSF check, landlord will only accept money orders or cashier's checks for payment of rent for the remainder of tenancy with us.
Tenant said it's illegal. Tenant deduct $10 from the rent from this month rent because tenant have to pay a fee for the cashier's check.
I don't think only accept money orders or cashier's check is illegal in CA.
What should we do about the $10 that tenant deducted? Never heard of tenant deduct fee from rent for buying cashier's checks.
Also, can I charge late fee for March 2021 due to NSF?
Thanks in advance.
Money order (by Steve [MA]) Posted on: Apr 12, 2021 6:05 PM
I doubt very much that you could charge a late fee for March's since according to what you posted it was their April rent check that bounced. Does your rental agreement in addition to the clause about only accepting MOs or cashier's checks say anything about a fee for paying with a check that wasn't good? All of my rental agreements say something like Any returned checks are subject to a $35.00 service charge.
Knowing that CA like MA laws really favor the "Poor / Unfortunate" tenants & penalize the "Rich / Greedy" LLs, I'd double check with some of your fellow CA LLs before taking action on this. --71.184.xxx.xx
Money order (by Moshe [CA]) Posted on: Apr 12, 2021 6:29 PM
Evidently your lease does not require rent to be paid as money order, so you had no right to demand payment in any form other than that required by the lease.
Send her the money-order fee, then stop and plan ahead for how you want o handle such a situation in the future, then draft your lease accordingly, and move on.
Money order (by Moshe [CA]) Posted on: Apr 12, 2021 6:37 PM
Suggested lease clause (drafted to CA law):
" Rent shall be paid to LESSOR at ______________________
and someone will usually be available to receive the payments in person on weekdays between 5:00 PM and 7:00 PM, or by appointment. Rent payments may be made in cash, by check, including personal or certified check drawn on a local bank, or by money order, unless LESSEE has been notified by LESSOR in writing that a particular form of payment is unacceptable. LESSOR may serve such notification of unacceptable form of payment upon LESSEE by depositing a copy thereof in the United States Mail, postage prepaid and addressed to LESSEE at the demised premises. "
Money order (by Allym [NJ]) Posted on: Apr 12, 2021 6:39 PM
I see your lease demands money order after a bounced check. I hope you are able to make that happen. Great idea. I will add it to my lease also. --108.24.xx.xx
Money order (by AW [CA]) Posted on: Apr 12, 2021 6:55 PM
Sorry, it's for April 2021, not March 2021
We charge late fee due to NSF, but new California AB3088 & SB 91 got me so confused if we can charge late fee now.
Also, if any CA LL know anything about CA COVID-19 Rent Relief program? I help an owner apply for the program, but no one from the program can answer me if tenant respond or supply his part of required documents to continue the process.
We are stuck with a tenant who paid 25% of rent. Can we evict tenant if he didn't sign any " Declaration of Financial Distress" forms that we provided to tenant each month with 15 day notice since January 2021?
Money order (by Coplin [CA]) Posted on: Apr 12, 2021 9:58 PM
AW get a realestate specialist attorney for your area. Its not just Ca laws but Fed law and county law & city laws. Its a mess. --47.157.xxx.xx
Money order (by Robert J [CA]) Posted on: Apr 12, 2021 10:14 PM
I can remember the same problem, tenants check are not honored and when they bounce a large processing free is deducted from my bank account along with the check funds.
So in CA when a tenants check bounces, it is allowed to demand a money order, cashier's check, bank check or other forms of payment.
When you go to a 7-Eleven with cash and purchase a money order, it costs only $2.50 to $5.00 per check. The tenant keeps a copy of if lost they can process a refund. --47.155.xx.xxx
Money order (by Sorta Blonde [CA]) Posted on: Apr 13, 2021 12:04 PM
I made my life easier by requesting rent payments in cash or personal check only. First month and deposit must be cash with all other payments either cash or personal check. I hate messing with cashier's or money orders. CA law limits the amount we can charge for a bounced or stop payment check, but I clearly state the current fee on the agreement. After a stop pay or bounced check, my agreement provides that I can require cash on all future payments. So far in 23 years it's working well. --174.68.xx.xxx
Money order (by mike [CA]) Posted on: Apr 13, 2021 1:30 PM
my lease has the following language. feel free to scrape it out and use it. i do not like money orders...if the tenant buys one and misplaces it they are out the cash and have no rent money. if they cannot get a checking account that means they have had payment issues in their past and i am not willing to be next in line for their BS.
"In the event that a check is returned for non payment, or payment is refused for ANY reason when presented to any branch of the makers bank, then all subsequent payments under this contract shall be by cashiers check drawn upon a LOCAL bank with a branch in YOUR TOWN HERE. The landlord reserves the right to make a change to this clause at any time and without notice. If you do not have a bank checking account you must get one so that I can easily cash your check if the need arises." --75.80.xx.xx
Money order (by AW [CA]) Posted on: Apr 13, 2021 1:39 PM
Thank you all very much. --76.169.xxx.xxx
Money order (by Salernitana [CA]) Posted on: Apr 14, 2021 12:46 AM
Thanks, Moshe and Mike, for your lease clauses.
AW, if you are in Northern California, you could contact Todd Rothbard, one of the most effective and reasonably priced eviction attorneys.
Best of luck. --73.93.xx.xx
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