According to California Civil Code section 1947.3, a landlord at the outset of a lease in California cannot require the tenant to pay rent in cash. Specifically, section 1947.3 (a)(1) provides “a landlord or a landlord’s agent may not demand or require cash as the exclusive form of payment of rent or deposit of security.”
That said, California Civil Code section 1947.3(a)(2) provides an exception to the rule. where the tenant has previously presented the landlord with a bad check or bad form of payment. Indeed, California Civil Code section 1947.3(a)(2) provides:
“A landlord or a landlord’s agent may demand or require cash as the exclusive form of payment of rent or deposit of security if the tenant has previously attempted to pay the landlord or landlord’s agent with a check drawn on insufficient funds or the tenant has instructed the drawee to stop payment on a check, draft, or order for the payment of money.”
In this situation the landlord may require cash payment of rent. However, California Civil Code section 1947.3(a)(2) further provides “If the landlord chooses to demand or require cash payment under these circumstances, the landlord shall give the tenant a written notice stating that the payment instrument was dishonored and informing the tenant that the tenant shall pay in cash for a period determined by the landlord, not to exceed three months, and attach a copy of the dishonored instrument to the notice.” (Emphasis Added)
Schorr Law’s Los Angeles and Southern California real estate attorneys and Los Angeles Unlawful Detainer Attorneys are well equipped to handle any type of unlawful detainer dispute. We offer flat fee unlawful detainer representation with a split payment fee structure. Contact us through the form on the right hand column or visit or firm’s general website at www.schorr-law.com.
For those who prefer to litigate themselves, we offer our eBook “Avoid Eviction: How to Defend Yourself in a California Unlawful Detainer Lawsuit”.