Can an apartment complex can force tenants to pay their rent electronically?

They will not accept checks or money orders. I am forced to pay online.

Asked on July 2, 2012 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If it is not public housing and if the lease either specifically requires electronic payment or gives the landlord the right to specificy how payment is made they can do this. But without authority in/from the lease, they cannot--that is, they cannot add a new requirement or term to the lease you previously signed, mandating the form of payment. (On renewal, they should be able to make this change and require this, if they want.) I believe that in public housing, the landlord is obligated to take payment from any source, in any legal format. All the above said, if the landlord is determined to push the issue, it is probably easier, cheaper, and less disruptive to pay the landlord the way the landlord wants to be paid, then risk litigation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.