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Article #5062

Re: Can a landlord refuse cash?

#5062
From: Peter Chrzanowski
Date: Fri, 08 Jan 1993 23:54
33 lines
1996 bytes
In article <arkusinski_andy-070193080856@arkusinski.si.com.>, arkusinski_andy@si.com (Andy Arkusinski) writes:

> However, I
> money, "THIS NOTE IS LEGAL TENDER FOR ALL DEBTS, PUBLIC AND PRIVATE". 

I don't know that the writing on money has any force of law
("In God We Trust" ?) but even if we assume it does, a debt does not
exist when the terms include "payable in advance," as is normally 
the case when renting.  Some examples: 


You offer a $1,000. bill at the cash register for that bag of 
Chee-tos in your hand.  There's no debt because they're not
your Chee-tos yet.  (BTW if you ate them before paying you
have committed retail theft, for which you may be prosecuted).

You get on a city bus; the driver informs you that busfare is
payable in advance, and must be paid with coins or a bus-company token.  
You have only paper money.  Must the bus company transport you in 
exchange for the paper money, or may you be evicted from the bus?

 
> Certainly a rent obligation is a private debt for which cash is legal
> tender.

There is no debt, just an agreement that if you produce the check or
money order then the landlord will let you use the apartment as your 
residence during the following month.  

If you fail to live up to your side of the agreement then the landlord
does not have to let you live there.  Should you fail to leave when
asked the landlord may  have you evicted (unless a lease or local
ordinance gives you additional rights, of course).
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Message-ID: <1993Jan8.235403.9630@tellab5.tellabs.com>
Path: arc1-ca.pugleaf.net!sparky!uunet!wupost!uwm.edu!linac!att!mcdchg!tellab5!chrz
References: <CONKLIN.93Jan4174514@talisman.kaleida.com> <arkusinski_andy-070193080856@arkusinski.si.com.>

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Newsgroups: misc.consumers
Path: arc1-ca.pugleaf.net!sparky!uunet!wupost!uwm.edu!linac!att!mcdchg!tellab5!chrz
From: chrz@tellabs.com (Peter Chrzanowski)
Subject: Re: Can a landlord refuse cash?
Message-ID: <1993Jan8.235403.9630@tellab5.tellabs.com>
Sender: news@tellab5.tellabs.com (News)
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Organization: Tellabs, Inc.
References: <CONKLIN.93Jan4174514@talisman.kaleida.com> <arkusinski_andy-070193080856@arkusinski.si.com.>
Date: Fri, 8 Jan 1993 23:54:03 GMT
Lines: 34