Is it OK to pay rent in cash?

Q: I moved into a small rental property six years ago.

Three months ago, this property was sold to a new owner. The new landlord wants me to start paying my rent in cash.

I am uncomfortable about possibly not getting credit for the payment. I don’t understand his motives, since I have never had a problem paying my rent.

Do I have to comply with his request?

A: As long as your rent is current, Civil Code 1947.3 prohibits your landlord from requiring the rent to be paid in cash.

The only circumstances that allow a landlord to require payment in cash is when a tenant has paid with a check that bounces or a tenant has requested a “stop payment” on a money order or cashier’s check.

In these cases, a landlord can request cash payments, but the landlord must give the tenant a written notice of explanation and attach a copy of the dishonored check.

After following this notice procedure, the landlord can require cash payments, but only for the following three months.

If a tenant finds herself in one of these circumstances, Civil Code Section 1499 requires a landlord to provide a receipt for the rent payment in cash.

These “cash payment” rules apply to both month-to-month tenants as well as those on leases.