(a) (1) Except as provided in paragraph (2), a landlord or a landlordâs agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer. (2) A landlord or a landlordâs agent may demand or require cash as the exclusive form of payment of rent or deposit of security if the tenant has previously attempted to pay the landlord or landlordâs agent with a check drawn on insufficient funds or the tenant has instructed the drawee to stop payment on a check, draft, or order for the payment of money. The landlord may demand or require cash as the exclusive form of payment only for a period not exceeding three months following an attempt to pay with a check on insufficient funds or following a tenantâs instruction to stop payment. If the landlord chooses to demand or require cash payment under these circumstances, the landlord shall give the tenant a written notice stating that the payment instrument was dishonored and informing the tenant that the tenant shall pay in cash for a period determined by the landlord, not to exceed three months, and attach a copy of the dishonored instrument to the notice. The notice shall comply with Section 827 if demanding or requiring payment in cash constitutes a change in the terms of the lease. (3) Subject to the limitations below, a landlord or a landlordâs agent shall allow a tenant to pay rent through a third party. (A) A landlord or landlordâs agent is not required to accept the rent payment tendered by a third party unless the third party has provided to the landlord or landlordâs agent a signed acknowledgment stating that they are not currently a tenant of the premises for which the rent payment is being made and that acceptance of the rent payment does not create a new tenancy with the third party. (B) Failure by a third party to provide the signed acknowledgment to the landlord or landlordâs agent shall void the obligation of a landlord or landlordâs agent to accept a tenantâs rent tendered by a third party. (C) The landlord or landlordâs agent may, but is not required to, provide a form acknowledgment to be used by third parties, as provided for in subparagraph (A), provided however that a landlord shall accept as sufficient for compliance with subparagraph (A) an acknowledgment in substantially the following form: I, [insert name of third party], state as follows: I am not currently a tenant of the premises located at [insert address of premises]. I acknowledge that acceptance of the rent payment I am offering for the premises does not create a new tenancy. (signature of third party) (date) (D) A landlord or landlordâs agent may require a signed acknowledgment for each rent payment made by the third party. A landlord or landlordâs agent and the third party may agree that one acknowledgment shall be sufficient for when the third party makes more than one rent payment during a period of time. (E) Nothing in this paragraph shall be construed to require a landlord or landlordâs agent to enter into a contract in connection with a federal, state, or local housing assistance program, including, but not limited to, the federal housing assistance voucher programs under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). (4) Paragraphs (2) and (3) do not enlarge or diminish a landlordâs or landlordâs agentâs legal right to terminate a tenancy. Nothing in paragraph (3) is intended to extend the due date for any rent payment or require a landlord or landlordâs agent to accept tender of rent beyond the expiration of the period stated in paragraph (2) of Section 1161 of the Code of Civil Procedure. (b) A landlord or its agent shall not charge a tenant any fee for payment by check for rent or security deposit as described in this section. (c) For the purposes of this section, the issuance of a money order or a cashierâs check is direct evidence only that the instrumen
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.