🚀 go-pugleaf

smorris@sumax.seattleu.edu (Steven A. Morris) writes:

>In article <CONKLIN.93Jan4174514@talisman.kaleida.com> conklin@kaleida.com writes:
>>I received a notice with my rent statement indicating that as of the
>>next rent period, only personal cheques, cashier's cheques, and money
>>orders will be accepted for rent payments --- cash will no longer be
>>accepted.
>>Is this legal?  Many of the people in my complex do not have bank

>As it says on our money, "This note is Legal Tender for all Debts,
>Public and private."  


>I am not certain if this is legal or not... I suspect that a landloard
>CAN specify IN ADVANCE that the terms of the rental are no cash, but I
>doubt that he or she can do so after the rental agreement has been
>established.

First of all, read your lease.  It probably has a statement very
much like:

"The rent shall be $675 (Six Hundred Seventy Five Dollars) per month
payable in advance..."

Second, you must realize the difference between a Dollar, which is
a coin with the picture of Eisenhower on it, and a Federal Reserve
Note, which is a piece of paper in your wallet denominated in
units of 1,5,10,20, etc. Dollars.  Go look at your paper money.
It says on the top "Federal Reserve Note".  It was issued by a
Federal Reserve Bank.

So, if we are to be very legally picky, the landlord must accept
dollar coins in payment for rent, since that is what the lease
specifies for payment.  Most judges would probably rule that
the FRNs are equivalent for payment purposes.  Once the rent
is past due, it becomes a debt, and then even the very picky would
agree that FRNs can be used to pay with.

All of this discussion is obviated if the lease specifies form
of payment, and the landlord can't unilaterally change the
terms of the agreement.  Let me re-iterate: what does the Lease
say?

Dani Eder

-- 
Dani Eder/Meridian Investment Company/(205)464-2697(w)/232-7467(h)/
Rt.1, Box 188-2, Athens AL 35611/Location: 34deg 37' N 86deg 43' W +100m alt.