Hypo Friday: Larry Landlord and the Rental Payment from a Third Party

Larry Landlord’s tenant Tina is unable to pay her rent this month. Fortunately for Tina, she has found help from another party to pay her rent. Can Larry accept this payment without forming a new tenancy with this other party?

Yes! Thanks to a change in the Civil Code, there is now a section that allows for a different party to make a payment of rent without Larry creating a new tenancy. California Code of Civil Procedure section 1947.3 lays out the guidelines of the third-party payor acknowledgment. The template is below:

I, [insert name of third party], state as follows:

I am not currently a tenant of the premises located at [insert address of premises].

I acknowledge that acceptance of the rent payment I am offering for the premises does not create a new tenancy. 

_________________________________                                          ________________

Signature of Third Party                                                                 Date

This basic form will suffice and protect Larry from creating a tenancy and allow Tina to get help paying her rent.

If you have any questions about a specific instance, give us a call at 213-908-5188. This post does not establish an attorney-client relationship. Please see the “Disclosure” page for more information.