Can the property manager refuse to accept my personal check?

Question

I don't know if this varies from state to state, but I live in Florida and although there is no mention of how rent is to be paid in the lease, they now want me to pay by money order or cashier's check. In fact, they're mailing back the check I sent for next month. They claim it's their right to do so because I was late over the 4th of July. Also, they want a $100. late fee, which is in the lease and a NSF fee of $25.

My bank said the funds were there. They said they called my bank Monday and were told the funds were not. The copy of the check I see online at my bank's website shows a check deposited in their bank Tuesday & clearing mine on Wednesday. It did not bounce! And there's nothing in the lease about either paying by money order when late or a $25. fee! Can they do this?? They keep emailing me threatening and very nasty letters. I think they're nuts!

Answer 1

Yep; a Landlord / Propery Manage / Property owner has the right to refuse to accept Personal Checks for ANY reason ...

I NEVER accept Personal Checks to begin with as they are too difficult to prosecute and collect in Florida ....

I want Cash , Postal Money Order , or Cashiers Check ... NOTHING ELSE .....

You've learned a valuable lesson here for for just $125 .... Pay by any of the above methods and the landlord can NEVER say your check bounced ect .....

IF possible; go and pay in PERSON and make sure that you get a Written Receipt ....

Answer 2

Yes they can. Problem with checks is people tend to write them without funds to back them up or cancel them if they're not happy about something.

Sign at a local business. In God we trust...all others pay cash.

Answer 3

There must be some type of renters advocacy in your area. If you can't find one in the phone book call your local HUD office and they will direct you.

Take all the documentation prove your case to them then they will take it up with the landlords.

Check with your bank sometimes they have a type of auto pay that just comes out of your checking every month and goes directly to your debtor. Some banks charge for this service but all banks have at least one type of product like this at no charge. You do have to have money in the bank otherwise it will bounce just like a check.

In answer to your question Landlords have every right to request payment from you in specific forms to protect themselves. They can make and change policies with out it effecting your lease. Just remember that this too is subject to change.

Answer 4

Usually you have to bounce a check for the owner to require all future payments in cash.  Is there more to this story.

Answer 5

If you can prove that the funds were in fact in your account and that the check did not bounce then it is obviously the bank's error.  It sounds like the NSF fee is a fee that the landlord was charged for check processing and is passing that on to you.

If it's determined that you were late then yes, they have a right to insist you pay by whatever means will assure that they will get paid.  It is either that or face eviction for being late.  It's your choice.

Addendum:

Point of clarification~   You have said there is nothing in the lease explaining how rent is to be paid.  Since that is the case then they can ask to be paid anyway they want.  If you were in fact late with your payment then they reserve the right to request an alternate method of payment.  You cannot come back at them and say, "hey that wasn't in the lease".  Remember, they could just as easily have evicted you.

If you're not late get the bank to clear up the matter and you shouldn't have to pay the $125

I'm not sure the 4th of July has any relevance here.  You would have given the landlord the check on Tuesday July 01. According to you the check cleared your bank on Wednesday July 02.  There is no way your bank could have told the landlord on Monday July 07 that you did not have the funds.  If anything they would have told your landlord the check had cleared.  It really sounds like someone at your bank dropped the ball on this one.

Answer 6

the landlord can refuse certain types of payment if they want, especially when they feel that you were late on your rent and even more so if there was an NSF.

altho the check may have shown deposited and cleared, it may not have the first time they tried. the one you saw may have been the second deposit attempted as most places do do that.

you do need to pay the late fee if that's in the lease. personally, if it is the first person's offense, i wouldnt charge them a late fee. also, did it say how late you had to be before a late fee was charged? i give my tenants 30 days. if it's more, then they have to pay 5% of their rental fee. i think that's fair considering i have to pay my mortgage on time and it's dependent on their rent.

i think if they're making big threats on you, you should consult a lawyer to see if there's anything that needs to be done about it.

sorry it's been such an ordeal for you. wished people have a little more heart at times.

good luck to you!

Answer 7

Ask your manager to show you where is shows on the lease that you can not pay with a personal check.

Our rental agreements state if a check is returned for ANY reason there will be a late charge of $50.00.  After that personal checks will be accepted--money orders or cashiers checks only.

Maybe your apartment manager needs to brush up on the standard laws--holidays are not counted in the three days.  If your rent was due on the 1st and you paid her on the 4th, you are not late for July.

Get your bank to write a letter to the owner verifying that you had funds in your accounts. If she is saying that the check was returned, she will have a notice from the bank.  Ask her for a copy of the notice from the bank.