Landlords are in the business of collecting rent. It’s how they earn money from their properties and it’s one of the main reasons they do what they do. But there are times when a landlord may refuse rent, and times when doing so is the best course of action.
In the following guide, we’ll explore this topic in more detail and answer questions such as:
- Can a landlord refuse a rent payment?
- Why would you refuse to collect rent as a landlord?
- What are the potential legal complications of refusing rent?
- What are your options as a tenant if your landlord refuses rent?
- Can you legally withhold rent payments as a tenant?
Can a landlord refuse to accept rent payments?
Landlords can refuse a rent payment from their tenant, but only with good reason. Refusing rent may cause legal complications and landlords contemplating this option should make sure they understand local tenancy laws—or consult a lawyer—before going any further. There are laws protecting both tenants and landlords and they usually fall on the side of fairness and reason, but there are many nuances and they differ greatly across jurisdictions.
Legal obligations of landlords to accept rent payments
Laws concerning tenancies vary from state to state, but all states require tenants to meet the terms of the rental agreement and landlords to abide by local tenancy acts. These laws don’t necessarily state that a landlord has to accept rent payments though, and there are many valid reasons for them to refuse.
Valid reasons for landlords to refuse rent payments
There are situations where refusing a rent payment is not only justified but necessary. Understanding the valid reasons that allow you to refuse a tenant’s rent payment is crucial for handling these circ*mstances appropriately.
Breach of lease agreement or violation of rental terms
If the tenant has been charged fees as per the tenancy contract and their rent payment does not include those fees, the landlord may refuse the payment on the basis that it is a “partial payment.” If the payment is not made in full, the tenant has not met the terms of the agreement, and thus the landlord may refuse payment to give them grounds for eviction.
They may also refuse the partial payment and insist on the full amount.
Using a payment method not mentioned in the rental agreement
A landlord is not obligated to accept all forms of legal tender or receive payments from the tenant’s preferred payment method. The rental agreement will clarify how payments should be made and if they are not made as specified, the landlord is not obligated to accept them.
For example, if the tenancy agreement specifies that payments should be made via wire transfer or check, the landlord can legally refuse the tenant’s offer of a cryptocurrency or e-wallet payment.
There are usually some discrepancies between how tenants want to pay and how landlords want to receive. Software like MRI RentPayment can help to close the gap by providing residents with more payment options and simplifying the process for landlords.
Repeat late payment of rent
Landlords want to be paid on time and while many understand if there are small, occasional delays, they may get frustrated if those delays extend into several days or weeks and occur repeatedly. A landlord may refuse to accept a late rent payment because they believe that the tenant is in repeat breach of the agreement (by not paying on time) and are thinking about pursuing an eviction.
Tenant conduct resulting in property damage or disruption
Landlords are responsible for wear and tear in their properties and it is also their duty to ensure the property is safe, compliant, and well-maintained. However, if the tenant damages the property, they are responsible and must compensate the landlord accordingly.
If the tenant refuses to pay for the damages, causes repeat damage to the property, or creates general disruption in conflict with the lease agreement, the landlord may refuse rent as a means of forcing the tenant to abide by the terms to which they previously agreed.
What are a tenant’s rights with rent payment refusals?
Tenants worried about refused rental payments should do the following
- Ensure the rent payment provided was in full, including any late fees and other charges
- Check that the payment was made using an accepted payment method (as per the rental agreement)
- Confirm the payment actually made it to the landlord (checks can get lost in the post and holidays may delay wire transfers)
- If the payment was made via check, give the landlord time to cash it (they may not have gotten around to it)
- Contact the landlord by email/text to confirm the rent was sent and ask if it was received
- Document all payments and correspondence with the landlord
- Seek legal counsel if there is a chance/threat of eviction
Summary: Can a landlord refuse rent payment?
In summary, how you approach this subject depends on whether you’re a landlord contemplating the legalities of refusing rent or a tenant who has had their payment refused.
Tenants: Can a landlord refuse your rent payment? Yes, they can, and there are several reasons why they might. Make sure you read the tenancy agreement and abide by the terms within.
Landlords: Can I refuse rent payments? Yes, but read up on local tenancy acts first and ensure you have a valid reason (late payment, partial payment, eviction process, etc.).
FAQs about rent payment refusals
What should tenants do if a landlord refuses their rent payment?
Tenants should first confirm that the landlord is actually refusing payment and hasn’t simply forgotten to cash a check. There could also be a technical issue or a problem with the landlord’s property management firm. The tenant should then document all payments and correspondence, check their rental agreement (to ensure they are meeting the terms), and seek legal help if they are worried about eviction.
Is a landlord’s refusal to accept rent payments a violation of tenant rights?
No. There are many instances in which a landlord can legally refuse rent payments, including partial payments and late payments. Some jurisdictions even advise landlords to refuse rent payments when they are in the midst of an eviction. As noted above, they can also simply refuse a payment because it hasn’t been made in the manner specified in the rental agreement.
What to do if a landlord refuses rent payments and initiates eviction proceedings?
If your landlord initiates eviction proceedings, you should seek legal help. There’s a chance that the issue can be resolved with the landlord and you can continue living in the property. If not, and you feel that you are being unlawfully forced out of your home, a legal expert can help you to fight your case.
Can tenants legally withhold rent?
Some states allow tenants to withhold rent payments when landlords are refusing to carry out necessary repairs or maintenance. However, this doesn’t apply across the United States and there are rules to follow. For instance, the tenant is often required to notify the landlord of their intention—and the issues—in advance, and some jurisdictions also require them to put the rent in escrow. The issue must also be serious enough to justify non-payment, such as a severe malfunction or something that threatens the tenant’s health.
