Help with a landlord issue?

Shaggy Dog

Shaggy Dog

Best in Show
#1
#1
Hey all,

My lease is up, and my landlord has given me an new one in which he has written a clause that states I must pay my rent on the first of the month. If I do not, and I pay him before the fifth of the month, I have to pay him in cash. If I pay him after the fifth, he is going to charge me a $50 penalty.

Now, I almost always pay him on the first, so this shouldn't be an issue really, but something about this doesn't sit right with me. Does anyone know anything about tenant rights? Is what he's doing legal?

Thanks!
 
Hawkins

Hawkins

Rogue
#2
#2
I'd have the lease amended to state that he will provide you with a signed (and possibly notarized) receipt for any cash transaction.
 
noeld

noeld

Active Member
#4
#4
Bring the lease down to the dhcr. They will tell you if it is on the up and up as well as give you a 20 year rental history of your apartment so you can see if you are being charged the legal rent or not.
 
benzado

benzado

Bachelor of Science
#6
#6
I second the recommendation to get a receipt if you do have to pay in cash.

I'm not a lawyer, but that doesn't sound illegal, especially if it is in a contract that you sign (thereby agreeing to it). Here's what I would do:

Go to the landlord and ask about the purpose of the new clause. My suspicion is that it is to handle a problem with some other tenant. If you have had no trouble paying in the past, ask that it be crossed out. If they insist, propose changing it to "cash only" after the fifth of the month. If they say, "well, we really won't hold you to it" then insist they cross it out.

In other words, go to the landlord and negotiate. Before you worry about whether or not things are legal or violating your rights, just talk to them. If you are a good tenant they will probably not make an issue out of it.

For example, not a lease, but I rented a theatre for one night recently and they gave me their standard contract with all sorts of clauses about staff and insurance that are really only appropriate to someone renting it for a run. So I went to the office and asked "Do I really have to buy insurance?" and they promptly crossed out all of that stuff.

So, before you turn to the law, try some good old fashioned talkin'.
 
Hawkins

Hawkins

Rogue
#7
#7
fyi according to the housing link right after my post, it says they have to give you a receipt for anything other than a personal check
 
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