questions & answers

Question: My landlord and I agreed upon me sending him 12 post dated checks for each month of my lease to be deposited on the appropriate month. After 6 months renting from him I closed my account due to fraudulent activity and have decided not to open another. I notified my landlord of the closure and advised I would be either mailing or making a direct deposit into his account going forward. I have never been late with my rent and my landlord is now telling me that the post dated checks are a requirement of my lease. Again, we agreed on the checks but I never understood it as a requirement.

Answer: As a general rule, the specific terms and conditions in a rental agreement govern what both the landlord and the tenant must do (or not do) (A.R.S. 33-1314(A)). So the requirement that a tenant pay monthly rent by post-dated check will exist only if such a requirement was included in the rental agreement (broadly defined). Either way, a letter from your financial institution confirming that you closed your account due to fraudulent activity might help your landlord feel better about accepting the new arrangement.