Legally, can my landlord request that all rent payments be made out to her retirement fund?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Legally, can my landlord request that all rent payments be made out to her retirement fund?

My landlord requested that all rent payments, including utilities, be paid directly to her retirement fund. Is that legal? I live in one state and my landlord lives in another. All bills are still in the landlord’s name. Is that a way to get around not reporting the rental income on taxes?.

Asked on October 30, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your landlord can request the way and manner that all rental payments are to be made out to concerning the premises that you occupy including that the payments be made out to her retirement fund.

This request by the landlord seems fine in that in all likelihood the real property that you are occupying could very well be an asset under your landlord's retirement fund. If that is the fact, there is nothing wrong that your landlord is doing concerning her request.

Good question.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There are two different issues here:

1) Can a landlord require payments be made out to her retirement fund? Yes, if either the lease you signed/agreed to states that payments should be made to the fund, or the lease gives the landlord the right to designate where/to what or whom to make the payments. (On the other hand, if the lease states to make payments to be payable to the landlord or her LLC, etc., then that's who you'd make the payments to--follow what the lease says.)

2) Is it possible the landlord is trying to get around her tax obligations? Yes--but that's not your  concern. You are not the authorities, and it's not your job to police what she does or what she reports. It's like if a contractor asks you pay him in cash, not by check--it's likely he's planning on underreporting taxes, but that's his concern (and crime, if he does it), not yours.

Make sure you keep records of all checks, so you can prove payment of your rent, even if they are not made out to the landlord per se. Get something in writing, including by emaill, from the landlord instructing you how to make out the checks. You will then be covered; what the landlord then does is not your problem, as long as  you can show payment in accordance with instructions. You may assume  the landlord is handling everything correctly, and are not required to assume otherwise.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption