Can the landlord refuse to accept my rent?

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Can the landlord refuse to accept my rent?

I received the following notice slipped through my door today: Dear Resident: Your ledger is showing a balance due of $50. Please submit with your next month’s rent. We will not accept your rent if the above balance is not paid or included”.

Asked on September 21, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written lease with your landlord regarding the unit you are renting, you need to carefully read it in that its terms control the obligations owed to you by the landlord and vice versa in the absence of conflicitng state law.

If there is a provision about rental payment and refusal of its acceptance within the document, that provision should control. You landlord has the perogative to not accept your next month's rent, but his or her refusal does not necessarily mean that if you tender next month's rent without the extra $50.00 claimed owed ou are necessarily in breach of your rental agreement for not making October 2011's rental payment.

As to the $50.00 claimed owed, I cannot comment as to your alleged obligation for this amount in that you did not state what this amount was supposedly for.

 


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