Landlord Must Accept Rent from Third Parties

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Presently landlords often refuse to accept rent payment from anyone but the tenant since doing so may create an unintended tenancy. This new law requires a landlord to accept rent from a third party when the third-party signs an acknowledgment. Specifically, this new law:

  • Requires a landlord or landlord's agent to allow a tenant to pay rent through a third party when the third party provides a signed acknowledgment stating that they are not currently a tenant of the premises and that acceptance of the rent payment does not create a new tenancy with the third party.
  • Specifies the language of a form acknowledgment that landlords may, but are not required to, provide for use by third parties when rent is tendered to a landlord on behalf of a tenant.
  • Clarifies that none of these provisions shall be construed to require a landlord or landlord's agent to enter into a contract in connection with a federal, state, or local housing assistance program, including, but not limited to, the federal housing assistance voucher program under Section 8.
  • Clarifies that none of the above provisions enlarge or diminish a landlord's or landlord's agent's legal right to terminate a tenancy, nor are intended to extend the due date for any rent payment or require a landlord or landlord's agent to accept tender of rent beyond the expiration of the 3-day period to pay or quit.
  • Provides that a waiver of these provisions is contrary to public policy and is void and unenforceable

 

Here is the simple form that a landlord may require a third-party payor to sign as a condition of accepting rent:

I, [insert name of third party], state as follows:

I am not currently a tenant of the premises located at [insert address of premises].

I acknowledge that acceptance of the rent payment I am offering for the premises does not create a new tenancy.

(signature of third party) ________________________________

 



Assembly Bill 2219
 codified as an amendment to Civil Code § 1947.3. Effective January 1, 2019.

Courtesy of the California Association of Realtors

 

The enclosed information is deemed reliable but is not guaranteed.

 

 

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