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Can a landlord force all residents to use the landlord's in-house debit card accounts?
Do landlords in Texas really have a duty to mitigate?Can a Texas landlord have the rental contract microscopic / unreadable?Can landlord require me to pay rent through ACH?Can a landlord in Ontario require tenants to clean the property for a viewing?Can a landlord demand that a house rented when new be returned to “new” condition?Can a landlord enter common rooms, in a house that is leased individually room by room, without notice?Can a landlord require a tenant to pay for utilities that are not explicity required in the lease?Can my landlord charge me a fee that does not appear in the lease?(CA tenant law question) 3-Day Notice to Cure or Quit, with vague “cure”Can an employer force all employees to open bank accounts in the employees' names?
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[asking regarding state law in Ohio, U.S.A. only]
Recently I have noticed landlords issuing their residents a debit card with attached bank account. This is typically implemented without prior notice and often with an additional fee attached. Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date. The landlord then amends the lease to insist that rent payments are only accepted in the form of deductions from a landlord-issued debit card. The landlord then will not accept payments using traditional methods such as a check.
Word of mouth seems to be that these policies are illegal, but I have had difficulty finding information on this topic that is not from the card-issuing entities.
Can a landlord in Ohio (U.S.A.) legally impose a mandate on their existing residents that a bank account be opened in their name and used for rent payment? If landlords can or cannot, what section of the law defines who can and cannot compel a citizen into banking against the citizen's will?
residential-lease tenant banking payment ohio
edited 31 mins ago
Nate Eldredge
10.1k23 silver badges37 bronze badges
asked 8 hours ago
Regional DirectorRegional Director
264 bronze badges
add a comment |
[asking regarding state law in Ohio, U.S.A. only]
Recently I have noticed landlords issuing their residents a debit card with attached bank account. This is typically implemented without prior notice and often with an additional fee attached. Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date. The landlord then amends the lease to insist that rent payments are only accepted in the form of deductions from a landlord-issued debit card. The landlord then will not accept payments using traditional methods such as a check.
Word of mouth seems to be that these policies are illegal, but I have had difficulty finding information on this topic that is not from the card-issuing entities.
Can a landlord in Ohio (U.S.A.) legally impose a mandate on their existing residents that a bank account be opened in their name and used for rent payment? If landlords can or cannot, what section of the law defines who can and cannot compel a citizen into banking against the citizen's will?
residential-lease tenant banking payment ohio
edited 31 mins ago
Nate Eldredge
10.1k23 silver badges37 bronze badges
asked 8 hours ago
Regional DirectorRegional Director
264 bronze badges
add a comment |
[asking regarding state law in Ohio, U.S.A. only]
Recently I have noticed landlords issuing their residents a debit card with attached bank account. This is typically implemented without prior notice and often with an additional fee attached. Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date. The landlord then amends the lease to insist that rent payments are only accepted in the form of deductions from a landlord-issued debit card. The landlord then will not accept payments using traditional methods such as a check.
Word of mouth seems to be that these policies are illegal, but I have had difficulty finding information on this topic that is not from the card-issuing entities.
Can a landlord in Ohio (U.S.A.) legally impose a mandate on their existing residents that a bank account be opened in their name and used for rent payment? If landlords can or cannot, what section of the law defines who can and cannot compel a citizen into banking against the citizen's will?
residential-lease tenant banking payment ohio
edited 31 mins ago
Nate Eldredge
10.1k23 silver badges37 bronze badges
asked 8 hours ago
Regional DirectorRegional Director
264 bronze badges
[asking regarding state law in Ohio, U.S.A. only]
Recently I have noticed landlords issuing their residents a debit card with attached bank account. This is typically implemented without prior notice and often with an additional fee attached. Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date. The landlord then amends the lease to insist that rent payments are only accepted in the form of deductions from a landlord-issued debit card. The landlord then will not accept payments using traditional methods such as a check.
Word of mouth seems to be that these policies are illegal, but I have had difficulty finding information on this topic that is not from the card-issuing entities.
Can a landlord in Ohio (U.S.A.) legally impose a mandate on their existing residents that a bank account be opened in their name and used for rent payment? If landlords can or cannot, what section of the law defines who can and cannot compel a citizen into banking against the citizen's will?
residential-lease tenant banking payment ohio
residential-lease tenant banking payment ohio
edited 31 mins ago
Nate Eldredge
10.1k23 silver badges37 bronze badges
asked 8 hours ago
Regional DirectorRegional Director
264 bronze badges
edited 31 mins ago
Nate Eldredge
10.1k23 silver badges37 bronze badges
asked 8 hours ago
Regional DirectorRegional Director
264 bronze badges
edited 31 mins ago
Nate Eldredge
10.1k23 silver badges37 bronze badges
edited 31 mins ago
Nate Eldredge
10.1k23 silver badges37 bronze badges
edited 31 mins ago
Nate Eldredge
10.1k23 silver badges37 bronze badges
10.1k23 silver badges37 bronze badges
asked 8 hours ago
Regional DirectorRegional Director
264 bronze badges
asked 8 hours ago
Regional DirectorRegional Director
264 bronze badges
asked 8 hours ago
Regional DirectorRegional Director
264 bronze badges
264 bronze badges
add a comment |
add a comment |
1 Answer
1
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Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date.
While that may be in contracts, I don't see that holding up in court. You can't unilaterally amend contracts to add new terms without acceptance on part of the lessee. Any clause in the contract like that will require notification of the lessee of the change and a chance for the lessee to terminate the contract without recourse on part of the lessor. Generally this must be done in the same format as the original lease (written). Most jurisdictions don't allow for a verbal amendment to a written lease.
So in a way, yes, it is legal for a landlord to require payment via a certain method (like a direct debit from a bank account). They cannot however change the payment terms unilaterally without notification and acceptance. They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there).
answered 4 hours ago
Ron BeyerRon Beyer
2,6171 gold badge10 silver badges17 bronze badges
1
There’s also the fact that if you don’t accept the amended contract, your landlord may not be willing to renew your lease on the same terms when you need to renew. Local laws may affect whether the lease must be renewed on substantially similar terms, or how long the tenant has to vacate the premises if they don’t have a lease (i.e. they’re month-to-month.)
– Michael Seifert
3 hours ago
"They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there)." That sounds rather flimsy to me. Acceptance requires an affirmative act that clearly shows intent.
– Acccumulation
3 hours ago
Unilateral variation clauses are legal, however, there is an implied term that the power will be used reasonably.
– Dale M
38 mins ago
add a comment |
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1 Answer
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Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date.
While that may be in contracts, I don't see that holding up in court. You can't unilaterally amend contracts to add new terms without acceptance on part of the lessee. Any clause in the contract like that will require notification of the lessee of the change and a chance for the lessee to terminate the contract without recourse on part of the lessor. Generally this must be done in the same format as the original lease (written). Most jurisdictions don't allow for a verbal amendment to a written lease.
So in a way, yes, it is legal for a landlord to require payment via a certain method (like a direct debit from a bank account). They cannot however change the payment terms unilaterally without notification and acceptance. They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there).
answered 4 hours ago
Ron BeyerRon Beyer
2,6171 gold badge10 silver badges17 bronze badges
1
There’s also the fact that if you don’t accept the amended contract, your landlord may not be willing to renew your lease on the same terms when you need to renew. Local laws may affect whether the lease must be renewed on substantially similar terms, or how long the tenant has to vacate the premises if they don’t have a lease (i.e. they’re month-to-month.)
– Michael Seifert
3 hours ago
"They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there)." That sounds rather flimsy to me. Acceptance requires an affirmative act that clearly shows intent.
– Acccumulation
3 hours ago
Unilateral variation clauses are legal, however, there is an implied term that the power will be used reasonably.
– Dale M
38 mins ago
add a comment |
Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date.
While that may be in contracts, I don't see that holding up in court. You can't unilaterally amend contracts to add new terms without acceptance on part of the lessee. Any clause in the contract like that will require notification of the lessee of the change and a chance for the lessee to terminate the contract without recourse on part of the lessor. Generally this must be done in the same format as the original lease (written). Most jurisdictions don't allow for a verbal amendment to a written lease.
So in a way, yes, it is legal for a landlord to require payment via a certain method (like a direct debit from a bank account). They cannot however change the payment terms unilaterally without notification and acceptance. They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there).
answered 4 hours ago
Ron BeyerRon Beyer
2,6171 gold badge10 silver badges17 bronze badges
1
There’s also the fact that if you don’t accept the amended contract, your landlord may not be willing to renew your lease on the same terms when you need to renew. Local laws may affect whether the lease must be renewed on substantially similar terms, or how long the tenant has to vacate the premises if they don’t have a lease (i.e. they’re month-to-month.)
– Michael Seifert
3 hours ago
"They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there)." That sounds rather flimsy to me. Acceptance requires an affirmative act that clearly shows intent.
– Acccumulation
3 hours ago
Unilateral variation clauses are legal, however, there is an implied term that the power will be used reasonably.
– Dale M
38 mins ago
add a comment |
Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date.
While that may be in contracts, I don't see that holding up in court. You can't unilaterally amend contracts to add new terms without acceptance on part of the lessee. Any clause in the contract like that will require notification of the lessee of the change and a chance for the lessee to terminate the contract without recourse on part of the lessor. Generally this must be done in the same format as the original lease (written). Most jurisdictions don't allow for a verbal amendment to a written lease.
So in a way, yes, it is legal for a landlord to require payment via a certain method (like a direct debit from a bank account). They cannot however change the payment terms unilaterally without notification and acceptance. They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there).
answered 4 hours ago
Ron BeyerRon Beyer
2,6171 gold badge10 silver badges17 bronze badges
Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date.
While that may be in contracts, I don't see that holding up in court. You can't unilaterally amend contracts to add new terms without acceptance on part of the lessee. Any clause in the contract like that will require notification of the lessee of the change and a chance for the lessee to terminate the contract without recourse on part of the lessor. Generally this must be done in the same format as the original lease (written). Most jurisdictions don't allow for a verbal amendment to a written lease.
So in a way, yes, it is legal for a landlord to require payment via a certain method (like a direct debit from a bank account). They cannot however change the payment terms unilaterally without notification and acceptance. They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there).
answered 4 hours ago
Ron BeyerRon Beyer
2,6171 gold badge10 silver badges17 bronze badges
answered 4 hours ago
Ron BeyerRon Beyer
2,6171 gold badge10 silver badges17 bronze badges
answered 4 hours ago
Ron BeyerRon Beyer
2,6171 gold badge10 silver badges17 bronze badges
answered 4 hours ago
Ron BeyerRon Beyer
2,6171 gold badge10 silver badges17 bronze badges
2,6171 gold badge10 silver badges17 bronze badges
1
There’s also the fact that if you don’t accept the amended contract, your landlord may not be willing to renew your lease on the same terms when you need to renew. Local laws may affect whether the lease must be renewed on substantially similar terms, or how long the tenant has to vacate the premises if they don’t have a lease (i.e. they’re month-to-month.)
– Michael Seifert
3 hours ago
"They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there)." That sounds rather flimsy to me. Acceptance requires an affirmative act that clearly shows intent.
– Acccumulation
3 hours ago
Unilateral variation clauses are legal, however, there is an implied term that the power will be used reasonably.
– Dale M
38 mins ago
add a comment |
1
There’s also the fact that if you don’t accept the amended contract, your landlord may not be willing to renew your lease on the same terms when you need to renew. Local laws may affect whether the lease must be renewed on substantially similar terms, or how long the tenant has to vacate the premises if they don’t have a lease (i.e. they’re month-to-month.)
– Michael Seifert
3 hours ago
"They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there)." That sounds rather flimsy to me. Acceptance requires an affirmative act that clearly shows intent.
– Acccumulation
3 hours ago
Unilateral variation clauses are legal, however, there is an implied term that the power will be used reasonably.
– Dale M
38 mins ago
1
1
There’s also the fact that if you don’t accept the amended contract, your landlord may not be willing to renew your lease on the same terms when you need to renew. Local laws may affect whether the lease must be renewed on substantially similar terms, or how long the tenant has to vacate the premises if they don’t have a lease (i.e. they’re month-to-month.)
– Michael Seifert
3 hours ago
There’s also the fact that if you don’t accept the amended contract, your landlord may not be willing to renew your lease on the same terms when you need to renew. Local laws may affect whether the lease must be renewed on substantially similar terms, or how long the tenant has to vacate the premises if they don’t have a lease (i.e. they’re month-to-month.)
– Michael Seifert
3 hours ago
"They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there)." That sounds rather flimsy to me. Acceptance requires an affirmative act that clearly shows intent.
– Acccumulation
3 hours ago
"They can use language such as sending the notification (via registered mail) and then saying that a failure to respond is acceptance (because you are, by actions, accepting the terms by continuing to live there)." That sounds rather flimsy to me. Acceptance requires an affirmative act that clearly shows intent.
– Acccumulation
3 hours ago
Unilateral variation clauses are legal, however, there is an implied term that the power will be used reasonably.
– Dale M
38 mins ago
Unilateral variation clauses are legal, however, there is an implied term that the power will be used reasonably.
– Dale M
38 mins ago
add a comment |
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