Rent Receipt Laws: When a Landlord Must Give a Receipt
When a landlord must give a rent receipt in New York, Maryland, Texas and California, what it must say, cash payment rules, and New York’s late-rent notice.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: Several states require a written receipt for rent. New York requires one for every payment not made by the tenant’s personal check, and for checks too on written request, listing the date, amount, premises, period and the signer. Maryland requires a receipt for cash or on request, Texas for every cash payment along with a record book, and California lets any debtor demand a receipt. New York also requires a certified-mail notice when rent is five days late, or the tenant gains a defense in a nonpayment case.
Key takeaways
- New York: a receipt for rent paid in cash or by any instrument other than the tenant’s personal check, with the date, amount, premises, period and signer (Real Prop. Law § 235-e).
- New York: rent five days late requires a certified-mail notice of nonpayment, or the tenant has an affirmative defense to eviction.
- Maryland: a receipt for cash or on request; $25 if the landlord fails (Real Prop. § 8-205).
- Texas: a receipt and a record-book entry for every cash payment (Prop. Code § 92.011).
- California: a landlord must offer at least one way to pay that is neither cash nor electronic transfer (Civ. Code § 1947.3).
Does a landlord have to give a rent receipt?
In many places, yes, at least for cash. The point is proof: a tenant who paid in cash or by money order has nothing else to show a court, and a landlord with no record of cash received has no answer to a tenant who says it was paid.
| State | When a receipt is required | Penalty or remedy | Source |
|---|---|---|---|
| New York | Cash or any instrument other than the tenant’s personal check; personal checks too on written request | Late notice failure is an affirmative defense in a nonpayment case | Real Prop. Law § 235-e |
| Maryland | Cash payments, or on request (Anne Arundel County: every non-check payment) | $25 for failing to give a written receipt | Real Prop. § 8-205 |
| Texas | Every cash payment, plus an entry in a record book | Greater of one month’s rent or $500 per violation, plus costs and fees | Prop. Code § 92.011 |
| California | Whenever the tenant asks | General rule for any payment of a debt | Civ. Code § 1499 |
What does New York require?
A landlord who receives rent “in the form of cash, or any instrument other than the personal check of the lessee” must give a written receipt with the date, the amount, the premises and period paid for, and the signature and title of the person receiving it. A tenant may ask in writing for receipts for personal checks too, and that request lasts for the tenancy. A receipt is due immediately for rent handed over in person and within 15 days for rent sent another way, and the landlord must keep records of cash receipts for at least three years (N.Y. Real Prop. Law § 235-e).
The same section adds a late-rent rule: if rent is not received within five days of the due date, the landlord “shall send the lessee, by certified mail, a written notice stating the failure to receive such rent payment,” and failing to send it “may be used as an affirmative defense by such lessee in an eviction proceeding based on the non-payment of rent.” New York’s late fee is also capped, at the lesser of $50 or 5% of the monthly rent, and only after five days (N.Y. Real Prop. Law § 238-a).
What do Maryland, Texas and California require?
Maryland requires a receipt when the tenant pays in cash or asks for one, and in Anne Arundel County for every payment not made by check, showing the payment and the period it covers; a landlord that fails to give a required receipt owes the tenant $25 (Md. Code, Real Prop. § 8-205). Texas requires a landlord to accept a timely cash payment unless a written lease requires a check, money order or other traceable instrument, and a landlord who takes cash must give a written receipt and record the date and amount in a record book; a tenant who sues can recover the greater of one month’s rent or $500 per violation, plus costs and attorney fees (Tex. Prop. Code § 92.011).
California has no rent-specific receipt statute, but “a debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation” (Cal. Civ. Code § 1499). A California landlord must also allow at least one way to pay rent and deposits that is neither cash nor electronic funds transfer, may demand cash only for up to three months after a bounced or stopped check (with a written notice attaching the dishonored instrument), and may not charge a fee for paying by check (Cal. Civ. Code § 1947.3).
What should a rent receipt include?
- The date the payment was received and the amount.
- The property and unit, and the rental period the payment covers.
- The method of payment (cash, money order, check number).
- The name, title and signature of the person who received it.
- Any balance still owed, so the receipt is not read as payment in full.
Frequently asked questions
Does my landlord have to give me a receipt for rent?
In New York, yes for cash and money orders, and for personal checks if you ask in writing. In Maryland for cash or on request, in Texas for every cash payment, and in California whenever you ask.
Can a landlord refuse cash rent?
In Texas, only if a written lease requires payment by check, money order or another traceable instrument. In California a landlord must offer at least one way to pay that is not cash or electronic transfer.
What happens if a New York landlord does not send a late-rent notice?
If rent is five days late the landlord must send a certified-mail notice. Without it, the tenant can raise the missing notice as a defense in a nonpayment eviction case.
State-by-state rules
- How many days does a tenant get to pay late rent? — compared across 48 states and the District of Columbia
Sources
- N.Y. Real Property Law § 235-e, Duty to provide a written receipt, New York State Senate
- N.Y. Real Property Law § 238-a, Limitation on fees, New York State Senate
- Maryland Code, Real Property § 8-205, Maryland General Assembly
- Texas Property Code Chapter 92 (§ 92.011, Cash rental payments), Texas Legislature
- California Civil Code § 1499, California Legislative Information
- California Civil Code § 1947.3, California Legislative Information
How Seayora helps
Online rent collection: Seayora issues a PDF receipt for each rent payment once it settles and keeps it with the tenant’s and the landlord’s documents.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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