Eugene, OR asked in Consumer Law and Landlord - Tenant for Oregon

Q: Can my landlord disable echeck and have me pay using my debit card on there website that charges 50$ on top of my rent

My landlord is having my family use their website and they disabled echeck so when we do pay for rent it charges 50$ extra on top of my rent

1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: IF you are allowed to also pay in cash or check, without a surcharge, and the credit card processing company charges the landlord $50 to process your payment, it may (or may not) be legal (the law specifies it may be legal under the above circumstances for the landlord to pass along charges for credit card payments. The statute says nothing about debit card payments. I suspect though that a Judge might allow it IF there are alternate methods of paying without incurring the extra fee. If there are not, then I think you likely have a strong case against the landlord. Review everything with a local landlord-tenant attorney to learn your exact rights.

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