Questions about Contract for Deed -- payment checks, monthly payment

Background:

My niece and her husband entered into a contract for deed. The landlord consistently cashes their payment checks late (i.e. March payment has yet to be deposited/cashed).

'Joe' departs for Basic Training next month and so he gave the owners/sellers a check for six months of payments in-lieu of just the monthly April payment during the last week of March. Joe has asked the landlord a few times to cash his checks and they haven't done so. Today Joe had a conversation with the landlord and she told him that she would return his check for the six months and wants them to pay monthly payments.

Additionally, she informed him that she was raising the monthly payment to cover increasing costs of insurance/taxes.

Questions:

1) Can she raise their monthly payment? The contract specifically states what their payment will be. Don't they have to mutually agree to changes to the contract?

2) Any idea why she would not take their check for the six months? Does he have to accept this check back or can he refuse saying he has made payment and if she chooses not to cash it that's up to her? Is a six-month check stating it's for a specific time frame okay or can she force them to make monthly payments? We believe that once he rolls out to basic she is going to create problems for my niece.

They're trying to avoid getting into a major dispute with the sellers but also want to make sure they have a home while he's in basic training, and longer.

Thanks!

[AFFA]

I wish to inform you that rights of parties is governed by the provisions of the contract. In this regard, the lease agreement will determine the rights of the parties. Rent amount may be increased only if both the parties agree. Further, payment of 6 months check cannot now be refused because landlord had first agreed to accept 6 months check as rent payment. It may be informed to landlord that advance 6 months rent shows your intention to pay the rent amount and by accepting 6 months check landlord had agreed to this mode of payment.

AFF

[vipin]

Electric Check enables you to pay your power bill with an automatic withdrawal from your checking or savings account. It's the ultimate in convenience. No checks, stamps, fees, hassle, or waiting in line -- it's all done automatically for you every month.

[Friend In Court]

A contract for deed means this is a purchase and sale transaction -- not a lease. The landlady is in fact then the seller and your friend, the purchaser.

All agreements relative to real estate must be in writing -- the statute of frauds. The terms of your friend's purchase are what they say they are.

The conduct you describe raises some real questions about the integrity and intent of the seller. I would recommend setting up an account for payment through a bank or other third party. The cost is usually minimal. And they account for the payments and interest month by month and disburse to the seller. That way he will have a record of his payments.

As to the six months payments? If there is no prepayment penalty provisions in the contract, then the seller has no right to refuse them. And as to raising payments, under a contract for deed, unless that provision is in the contract, the payments cannot be raised.

Without seeing the language of the contract, it is impossible to give a fully informed opinion. But your friend is either a purchase or a tenant. And that point needs to be clarified. He would best benefit by letting a real estate attorney take a look at it. And deal with his seller.