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A Useful Guide to Editing The California Stop Payment Notice

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PDF Editor FAQ

Is it legal in San Francisco to require your tenants to pay rent using automated payments (ACH)?

No, it isn't. Relevant California law:1947.3. (a) (1) Except as provided in paragraph (2), a landlord or a landlord's agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer. (2) 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. The landlord may demand or require cash as the exclusive form of payment only for a period not exceeding three months following an attempt to pay with a check on insufficient funds or following a tenant's instruction to stop payment. 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. The notice shall comply with Section 827 if demanding or requiring payment in cash constitutes a change in the terms of the lease. (3) Paragraph (2) does not enlarge or diminish a landlord's or landlord's agent's legal right to terminate a tenancy. (b) For the purposes of this section, the issuance of a money order or a cashier's check is direct evidence only that the instrument was issued. (c) For purposes of this section, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. "Electronic funds transfer" includes, but is not limited to, point-of-sale transfers, direct deposits or withdrawals of funds, transfers initiated by telephone, transfers via an automated clearinghouse, transfers initiated electronically that deliver a paper instrument, and transfers authorized in advance to recur at substantially regular intervals. (d) Nothing in this section shall be construed to prohibit the tenant and landlord or agent to mutually agree that rent payments may be made in cash or by electronic funds transfer, so long as another form of payment is also authorized, subject to the requirements of subdivision (a). (e) A waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.

What was the most expensive surprise you received in a bill from a doctor or hospital? Did you pay it?

Mine wasn't medical, so if you don't think it fits, delete it.I Once had a girlfriend in Canada, while I was living in California. It was a summer romance that just didn't mature into something worth keeping, but at the time, it was serious.I wanted to have her meet my folks and Vise versa. So I traveled by air to Montreal Canada, then home to my folks, then back to California. She would be picked up by me in Canada, travel with me to home, then to California, and back to Montreal, over about a week's time.The tickets were over $1000.00 US. And I used a travel agency in Montgomery ward (store). When the bill came, it was $2000.00!!! I was a college student, and that was not gonna happen!!.I Called em up, they admitted the fault, and swore they would correct it. Over and over again for almost 18 months. My credit was tanking, I was receiving dunning notices demanding money I didn't owe, and they kept telling me the fix was in the works.I Finally had enough , and started writing checks for payment of $0.10 each. Hundredsof them each week. (Keep in mind, at this point, I had a zero balance due, yet every credit agency had me as a bad debt, and i was receiving notices of $0.00 dollars owed, PAY UP NOW DEADBEAT!!.Nothing else i tried helped. So these 10cent checks started. I started getting calls to stop. Then calls begging me to stop, then threats of legal action. (BRING IT BITCHES!!!) Why write these tiny checks? Because it cost about $3 each to process at the time, then, by law, they had to return any overages on my account. They were hemorrhaging money to process them, then having to return it to me. I stepped up the process, I bought more checks, I hammered them with tiny cuts, until they broke, and finally cleared up their own mess and cleared my credit with EVERYONE. No less was acceptable . It tool about 2 years in total, But it was finally fixed. (Iirc) they even paid for the extra checks to settle the matter.

My new landlord insists on me paying rent by cash. Should I be worried?

Here’s the law in California. If you could indicate in what country and state, we could give a better answer.“Can my landlord require me to pay rent in cash or online?The law allows you and the landlord to agree to pay rent in cash or via electronic funds transfer, but the landlord must allow another payment alternative, such as checks, unless you bounce a check (Cal. Civ. Code § 1947.3). “Cash” means currency and does not include cashier’s checks or money orders, which the landlord can require in the lease or rental agreement.That said, if you later bounce or stop payment on a rent check, your landlord can insist on cash payment of the rent. First, however, the landlord must give you a written notice. Also, the demand for cash payment may last no longer than three months.”I would not accept cash as rent payment. I do not handle cash, I do not carry cash, either. Depositing check payments into my rental property bank account is an excellent way for me to keep track of my accounts receivable.If you pay in cash, you need a very good receipt, and you need to have a very good means of keeping it as proof that you’ve paid your rent. If you can’t find a better landlord, then I would suggest that you be sure that you obtain a receipt for your cash payment on the day that you make that payment to the landlord. And you then make a digital copy of that receipt which you can save in a file on your computer/flash drive. If your landlord is demanding cash because he will be able to hide his income from the IRS, then he’s dishonest in other ways - from which you will have to protect yourself. (sorry, I know I sound like a self-righteous prig, but I have good reasons for being so stodgy about this).

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