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- Path: sparky!uunet!bcstec!bronte!hsvaic!eder
- From: eder@hsvaic.boeing.com (Dani Eder)
- Newsgroups: misc.consumers
- Subject: Re: Can a landlord refuse cash?
- Message-ID: <1856@hsvaic.boeing.com>
- Date: 6 Jan 93 14:39:46 GMT
- References: <CONKLIN.93Jan4174514@talisman.kaleida.com> <1id37uINN97d@sumax.seattleu.edu>
- Distribution: na
- Organization: Boeing AI Center, Huntsville, AL
- Lines: 48
-
- smorris@sumax.seattleu.edu (Steven A. Morris) writes:
-
- >In article <CONKLIN.93Jan4174514@talisman.kaleida.com> conklin@kaleida.com writes:
- >>I received a notice with my rent statement indicating that as of the
- >>next rent period, only personal cheques, cashier's cheques, and money
- >>orders will be accepted for rent payments --- cash will no longer be
- >>accepted.
- >>Is this legal? Many of the people in my complex do not have bank
-
- >As it says on our money, "This note is Legal Tender for all Debts,
- >Public and private."
-
-
- >I am not certain if this is legal or not... I suspect that a landloard
- >CAN specify IN ADVANCE that the terms of the rental are no cash, but I
- >doubt that he or she can do so after the rental agreement has been
- >established.
-
- First of all, read your lease. It probably has a statement very
- much like:
-
- "The rent shall be $675 (Six Hundred Seventy Five Dollars) per month
- payable in advance..."
-
- Second, you must realize the difference between a Dollar, which is
- a coin with the picture of Eisenhower on it, and a Federal Reserve
- Note, which is a piece of paper in your wallet denominated in
- units of 1,5,10,20, etc. Dollars. Go look at your paper money.
- It says on the top "Federal Reserve Note". It was issued by a
- Federal Reserve Bank.
-
- So, if we are to be very legally picky, the landlord must accept
- dollar coins in payment for rent, since that is what the lease
- specifies for payment. Most judges would probably rule that
- the FRNs are equivalent for payment purposes. Once the rent
- is past due, it becomes a debt, and then even the very picky would
- agree that FRNs can be used to pay with.
-
- All of this discussion is obviated if the lease specifies form
- of payment, and the landlord can't unilaterally change the
- terms of the agreement. Let me re-iterate: what does the Lease
- say?
-
- Dani Eder
-
- --
- Dani Eder/Meridian Investment Company/(205)464-2697(w)/232-7467(h)/
- Rt.1, Box 188-2, Athens AL 35611/Location: 34deg 37' N 86deg 43' W +100m alt.
-