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California Civil Code Section 1947.3

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1947.3

(a) (1) Except as provided in paragraph (2), a landlord or
a landlord's agent may not demand or require cash as the exclusive
form of payment of rent or deposit of security.
   (2) A landlord or a landlord's agent may demand or require cash as
the exclusive form of payment of rent or deposit of security if the
tenant has previously attempted to pay the landlord or landlord's
agent with a check drawn on insufficient funds or the tenant has
instructed the drawee to stop payment on a check, draft, or order for
the payment of money.  The landlord may demand or require cash as
the exclusive form of payment only for a period not exceeding three
months following an attempt to pay with a check on insufficient funds
or following a tenant's instruction to stop payment.  If the
landlord chooses to demand or require cash payment under these
circumstances, the landlord shall give the tenant a written notice
stating that the payment instrument was dishonored and informing the
tenant that the tenant shall pay in cash for a period determined by
the landlord, not to exceed three months, and attach a copy of the
dishonored instrument to the notice.  The notice shall comply with
Section 827 if demanding or requiring payment in cash constitutes a
change in the terms of the lease.
   (3) Paragraph (2) does not enlarge or diminish a landlord's or
landlord's agent's legal right to terminate a tenancy.
   (b) For the purposes of this section, the issuance of a money
order or a cashier's check is direct evidence only that the
instrument was issued.
   (c) A waiver of the provisions of this section is contrary to
public policy, and is void and unenforceable.

Last modified: January 12, 2009