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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.
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