Can my landlord require payment by cashier's check or money order for the rent?

Question

There is no method of payment written in the lease, nor is there anything that states I can no longer pay by personal check if I were late. This was a one time occurance for me, too.

Answer 1

some landlords will still take a check if your late once. i personally will not. but basically anything that goes to the bank is fine

Answer 2

Legally, the answer is probably not.  Practically, the answer is yes.

Generally, if your landlord wants to evict you, he'll have to file an action in court.  In most states, the landlord's refusal to accept money you tried to pay is a defense to an eviction suit for nonpayment.  Since you've been late once, your landlord might make the case that it's reasonable for him to require you to pay by more reliable means than a personal check.  Whether that works for him depends on things like how many payments you've made on time vs. how many late, whether your checks have ever been dishonored, etc.  From my perspective, it's hard to see how a landlord would be able to show that a late check relates to whether or not your check, once paid, will have enough funds to be cashed.

Practically, though, if you think your landlord is going to go to court over this, you might as well get a money order.  Is it really going to be worth it to spend a day in court and risk being evicted (if a judge is cranky or stupid and rules against you) to avoid paying $2/month to get a money order?  I say pay for the money orders, and start looking around for a more reasonable landlord.

Standard disclaimer: Landlord/tenant law varies by state, so you'll want to check your state's law (or talk to an attorney in your state) before you do anything that might get you into trouble. Withholding rent without a court's permission or without talking to a lawyer in your state is ALWAYS a risky decision that could lead to you being evicted.

Answer 3

Unless you can afford an attorney, then probably yes.  It's amazing what landlords can do.

I for one can understand whey they demand this.  I would never accept a personal check from a tenant.  Your rent payment probably makes their house payment...

Answer 4

If you like living there, pay the landlord anyway they want.  You only need a reciept if you are paying cash.  

Answer 5

It depends upon what your lease agreement says, but I would think that he could if you have given an nsf check. The downside to paying by money order or cashiers check is that if there is ever a dispute as to whether or not you have paid rent, money orders and cashiers checks do not prove that you paid anything. It would only prove that you purchased a m/o or c/c. Using a check will easily allow you to prove that the check was cashed and what account it was deposited into. I have at least one person a month tell me that they either mailed a money order or left it at my office after we are closed. Cancelled checks quickly provide proof

Answer 6

usually happens if you paid by check and it bounces. A cashier's check or money order is guaranteed.

Answer 7

if it's not in the lease, i don't think so. tell him, he should be glad he's getting paid at all and not to be picky on HOW he gets paid.

Answer 8

send a money order who is gonna turn down money no matter what form it comes in.  Keep your money order stub though.