How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Landlord in Los Angeles California, I have just one tenant

Customer Question

Landlord in Los Angeles California, I have just one tenant that has my bank account information and has been depositing her rent directly to my bank account. I want to know if I can send her a letter to stop making deposits directly. I just want to protect myself if in the future I have to evict her for nonpayment of rent and she goes to make partial payment to stop eviction
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Is the tenant under a fixed term lease or are they month to month?

.

Does your lease direct them to pay the rent by direct deposit?

.

thanks

Barrister

Customer: replied 3 months ago.
Hello,
Tenant is on a month to month rental agreement, Lease does not states to pay rent by direct deposit, I just gave her my bank info to make a 1 time deposit but she's been making direct deposits ever since,./ I don't want her to keep depositing rent.. She has never been late with her rent....
Expert:  Barrister replied 3 months ago.

Ok, then you can just give her a written 30 day notice to change the method of payment. And even if you didn't, depositing money in your account doesn't mean that you legally "accept" it. If you filed to evict for nonpayment, and the tenant deposited the money too late, you can just reject it and return it to them and continue on with the eviction. You have to actually accept it by keeping it in order for it to count.

.

If they could just deposit it and end the eviction, every tenant would just wait until the day before court and deposit it..

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Related Real Estate Law Questions