Can a landlord refuse to accept payment from a 3rd partyif the lease does not prohibit this and the rent is paid on time?

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Can a landlord refuse to accept payment from a 3rd partyif the lease does not prohibit this and the rent is paid on time?

We paid rent on time with through a 3rd party (mother) and the landlord would not accept it. She said that they do not accept 3rd party payments. I looked over the lease and it does say anywhere in the lease that 3rd party payments are not accepted. Now they are trying to evict us and lock us out because they are saying we did not pay the rent. It is their fault that they did not accept payment. We have documents proving the account is in good order as they said there was no account. What can we do?

Asked on August 16, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your written lease does not prevent a third party from paying your rental payment and payment by your mother was timely tendered to your landlord by your mother but was refused by your landlord, there is no legal basis for an eviction proceeding against you. Additionally, your landlord cannot legally lock you put of the unit you are renting before there is an order from a court evicting you.

If this is what is happening, you need to contact a landlord tenant lawyer about this situation as soon as possible. The retained lawyer should write a letter on your behalves to the landlord advising what was done is improper. If a lawsuit is filed against you, from what you have written, you would have good affirmative defenses to the eviction proceeding.

Good luck.


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