I have a clause in my lease agreement saying that my tenant has to pay via post-dated cheques during the duration of the lease term. He is now refusing to provide me with post-dated cheques. Can the tenant change the method of payment?

Post-dated cheques can be used as a method of payment as long as the tenant agrees to pay in this manner. Section 108 of the Act says “Neither a landlord nor a tenancy agreement shall require a tenant or prospective tenant to, (a) provide post-dated cheques or other negotiable instruments for payment of rent; or (b) permit automatic debiting of the tenant’s or prospective tenant’s account at a financial institution, automatic charging of a credit card or any other form of automatic payment for the payment of rent .” Once the tenant agrees on a method of payment they cannot unilaterally change the method of payment.

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