RENT WATCH : Landlord isn’t depositing checks

Question: Our landlord recently stopped depositing our rent checks. For the last five months she has received the checks, verbally acknowledged she had them, but said she was too busy to deposit them. When we asked for a receipt after noticing that the checks were not deposited, she ignored us. What is the best way to deal with this situation without antagonizing the landlord?

Answer: Legally, your only responsibility is to “tender” the rent payment. Some rental agreements specify how payment is to be made and you need to document that you followed that procedure. If no procedure is specified, you can use any reasonable method.

If you mail the payment, request a “proof of mailing” from the post office, which will cost you about 95 cents. Certified mail is not necessary unless required by the rental agreement, but it does document that you tried to tender the rent. If you hand the check to the landlord, it would be a good idea to create a simple receipt form and ask her to sign at the same time you hand her the check.

Once you have properly tendered the rent, your obligation ends and you should not be responsible for the consequences of her failure to deposit the money.

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-- Martin Eichner, Project Sentinel

Eichner is director of Housing Counseling Programs for the Sunnyvale, Calif., mediation service. To submit a question, go to www.housing.org.