Landlord Must Accept Rent from Third Parties
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.