Lots of good advice in this thread.
My first instinct was to tip off the IRS.
I would take it as given that this is an under the table arrangement, and for lack of clarification from the OP I would also assume the OP’s friend was told in advance that this was cash-only. People who make under the table deals generally make sure to reach some level of mutual understanding with the other party. Usually there’s a trade-off, ie, the unit is cheaper than it would be if it were on a lease, tenant can walk at any time, etc.
So maybe I’m a cynic but I agree with kayaker. If she doesn’t like the arrangement then just move on. If she shows the landlord that he’s in the wrong it’s not like he’s going to apologize nicely and tell her who to make the check out to.
No more or less than I’d wanna do business with a guy who demanded cash payment.
ETA: I guess it depends on the supply/demand for similar apartments.
So, what is he going to do? Evict the tenant becuase the landlord illegally required cash?
In fact, if he does anything else other than “apologize nicely and tell her who to make the check out to” then he’s unscrupulous and breaking the law.
Clearly from the OP, the tetant is not considering that the rent be paid in cash as part of a unspoken agreement that includes lower rent. And, that’s a bad deal to get into anyway, you have little legal protection, esp in the case of a foreclosure or if the City finds out the landlord doesn’t have a license/permit. In fact, it’s even possible that the Landlord is not the legal owner of the property and has no right to be accepting rent in any form.
Earlier in this thread I said: I’d tell the guy that I didn’t feel comfortable carrying that amount of cash with me, and arrange to meet him at MY bank/credit union.
Actually, that’s a lie. I’m comfortable carrying large amounts of cash. I’m UNCOMFORTABLE if someone knows that I’m carrying a large amount, though…especially if it’s going to be on a regular basis.
Someone else suggested asking for a significant discount. I think that’s a good idea. If the landlord wants a concession, he should give something in exchange. But he still has to give a receipt.
And the receipt has to be given when the cash exchanges hands, no “Oh, sorry, I forgot my receipt book - can I put that in your mailbox tomorrow?” bullshit. When dealing in cash, you must keep your ass firmly covered at all times.
In addition to getting the receipts I’d scan them and keep a digital copy and I’d keep the originals somewhere other than the residence. This may seem paranoid but better than losing them and having he-said/she-said matches.
buy your own reciept book and have it all filled out and ready for him to sign.
I lived for 13 years with a landlord that would only take cash. He had a person on site from 6am - 9am and from 4pm - 8pm, from the first of the month to 5th of the month.
You paid her, she gave you a receipt for it. Never once did I have any problems. It wasn’t a big deal for me. Of course this was revealed to me before I signed on to it.
Have him fill out the whole thing. If it’s filled out in a different handwriting than his, he could claim you tricked him into signing or forged it.
If it’s the only place she can afford and the landlord won’t budge on the cash, I’d probably play along.
Then when I moved out I’d mail the IRS copies of all the receipts.
Once he gets there, you could just make a cashier’s check payable to him while he’s standing there, so he knows it’s legit. If he likes, he could even turn around and cash it right there also. Cash and receipt problem taken care of. If he doesn’t like it, what’s he going to say? “I don’t want to cash this because I think it’s going to be reported (which it most likely won’t) to the IRS.”
I’d pay him hourly. In nickels.
Paid in full, every month, in $2 bills and/or dollar coins.
And I want a receipt. Right now.
Thanks for the information–especially the Civil Code cite, Dr Deth.
Maureen has also said that this guy put a clause in the rental agreement about repairs: if anything breaks down during the tenancy it’s the tenants’ responsibility to fix it! She says that he was supposedly biding his time, waiting for things like the heating system to conk out after she moved in, so she’d have to shell out the bucks to fix it. Chutzpah. :mad:
I asked her to give me a copy of the rental agreement; I wonder whether all the things that supposedly are in it, actually are in it!
She really needs to go see a lawyer … I think that is also highly illegal as well …
This all smacks of serious shenanegans to me.
Well, I’d worry about this too, because if the landlord is unscrupulous, he can always decide to evict her for “non-payment of rent.” Without a receipt, how’s she going to prove that she has, in fact, been paying?
Always always have a paper trail when money is involved.
I’ve had a landlord ask for cash before, because of scofflaws not paying their rent or using bad checks. However, they always arranged a day/time to pick it up at my apartment at my convenience, and always had a receipt ready to trade.
I would check with the City to see if they require some sort of Certificate of Rental Occupancy before the tenant moves in. My city forwards this information to the fire department and the IRS.
Mine too. She may even be entitled to a reward if they collect.