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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 100052
Experience:  Attorney
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We have a lease in Orange County. On the lease it says that

Customer Question

Hi!
JA: Hello. What seems to be the problem?
Customer: We have a lease in Orange County. On the lease it says that we direct deposit, BUT, the landlord hasn't set up any way of doing this? The bank is in Texas. Don't they need to set up the "vehicle" in order for us to use it?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: CA
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No, We take good care of the place. I set up a payment system but it takes 5 days. That is unacceptable to them but I have no other way of doing it
JA: Anything else you want the lawyer to know before I connect you?
Customer: Never been late on rent we've been here 3 month's
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If the direct deposit is not set up, the tenant wants to send the rent to the landlord before the due date via certified mail, return receipt requested. With that latter, the tenant wants to include a cover letter explaining that the direct deposit has not been set up, and to ADVISE THE TENANT as to how to do so.

A copy of the letter, tracking for the certified mail, and the signed returned receipt should be kept. A copy of the deposited check should also be kept.

That way, the tenant will have done their due diligence, AND, paid rent as well. The landlord then arguably cannot argue breach of contract for being paid in check, and the onus falls on the landlord to help set up the direct deposit.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 month ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!