Re: [RPPTL Leasing Committee] [RPPTL LandTenCL] Issue: Tenant attempts to make rent payment via app called Chime
I wanted to forward the email below. Clara was newly added to the listserv,
and I am not sure if her question was posted properly.
If anyone has experience with eviction proceedings where there was an
attempted payment made through a Payment App of which the Landlord is
not registered to use, please provide your thoughts.
Thanks, All!
Kristen King Jaiven, Esq.
Kristen King Jaiven, Lawyer, PLLC
Cell: 407-590-9686
www.kkjlawyer.com
Email: Kristen@kkjlawyer.com
LinkedIn: https://www.linkedin.com/in/kristen-n-king-jaiven-esq-/
On Wed, Jul 26, 2023 at 11:59 AM Real Estate Leasing Committee <
landtencl@lists.flabarrpptl.org> wrote:
Good day to all:
I represent a landlord in Palm Beach County whose tenant has sent him
July’s rent payment through an app called Chime. Chime requires the use of
debit card by the landlord, and action to “accept” such payment.
The lease does not specify the method of rent payment, but it does state
payment must be made by cash, check or money order.
The tenant has a history of making partial rent payments via Zelle and via
direct bank deposit (one bank deposit was rejected for insufficient funds).
The tenant’s Zelle payments are limited to $500 per day. The tenant has
been late on rent since the lease begun 3 months ago. I issued a 3-day
notice and the tenant sent full rent payment via Chime. The landlord does
not have a debit card required by Chime, so landlord has been unable to
accept the Chime payment. The tenant’s use of the Chime app could be
another tactic being employed to delay rent and to play the system.
*Is the Tenant’s use of the Chime app for payment an acceptable form of
rent payment? *
I want to be cautious in proceeding with an eviction due to failure to pay
rent if the Tenant attempted to pay via Chime. I’m not sure if anyone has
experience with this. Thank you all for your input!
Sincerely,
*Clara Rodriguez Rokusek, Esq. *
*Attorney at Law *
E-Mail: Clara@Rokusek-Law.com
Tampa Office Phone (813) 514-8186 |6930 W. Linebaugh Avenue, Tampa, FL
33625
Jupiter Office Phone (561) 510-2821 |1003 W. Indiantown Road, Suite 212,
Jupiter, FL 33458
Fax: (866) 674-0167
Web Site: www.Rokusek-Law.com http://www.rokusek-law.com/
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I would tell the landlord to notify the tenant in writing that this payment method was not authorized, then serve a new 3 Day to be safe. A tenant can’t just arbitrarily decide on some payment method.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & WOLK PLLC
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, July 26, 2023 7:39 PM
To: landtencl@lists.flabarrpptl.org
Cc: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] [RPPTL LandTenCL] Issue: Tenant attempts to make rent payment via app called Chime
I wanted to forward the email below. Clara was newly added to the listserv, and I am not sure if her question was posted properly.
If anyone has experience with eviction proceedings where there was an attempted payment made through a Payment App of which the Landlord is not registered to use, please provide your thoughts.
Thanks, All!
Kristen King Jaiven, Esq.
Kristen King Jaiven, Lawyer, PLLC
Cell: 407-590-9686
www.kkjlawyer.comhttp://www.kkjlawyer.com
Email: Kristen@kkjlawyer.commailto:Kristen@kkjlawyer.com
LinkedIn: https://www.linkedin.com/in/kristen-n-king-jaiven-esq-/
[Image removed by sender.]
On Wed, Jul 26, 2023 at 11:59 AM Real Estate Leasing Committee <landtencl@lists.flabarrpptl.orgmailto:landtencl@lists.flabarrpptl.org> wrote:
Good day to all:
I represent a landlord in Palm Beach County whose tenant has sent him July’s rent payment through an app called Chime. Chime requires the use of debit card by the landlord, and action to “accept” such payment.
The lease does not specify the method of rent payment, but it does state payment must be made by cash, check or money order.
The tenant has a history of making partial rent payments via Zelle and via direct bank deposit (one bank deposit was rejected for insufficient funds). The tenant’s Zelle payments are limited to $500 per day. The tenant has been late on rent since the lease begun 3 months ago. I issued a 3-day notice and the tenant sent full rent payment via Chime. The landlord does not have a debit card required by Chime, so landlord has been unable to accept the Chime payment. The tenant’s use of the Chime app could be another tactic being employed to delay rent and to play the system.
Is the Tenant’s use of the Chime app for payment an acceptable form of rent payment?
I want to be cautious in proceeding with an eviction due to failure to pay rent if the Tenant attempted to pay via Chime. I’m not sure if anyone has experience with this. Thank you all for your input!
Sincerely,
Clara Rodriguez Rokusek, Esq.
Attorney at Law
E-Mail: Clara@Rokusek-Law.commailto:Clara@Rokusek-Law.com
Tampa Office Phone (813) 514-8186 |6930 W. Linebaugh Avenue, Tampa, FL 33625
Jupiter Office Phone (561) 510-2821 |1003 W. Indiantown Road, Suite 212, Jupiter, FL 33458
Fax: (866) 674-0167
Web Site: www.Rokusek-Law.comhttp://www.rokusek-law.com/
[cid:image001.jpg@01D9BFF9.7FE18BB0] [cid:image002.png@01D9BFF9.7FE18BB0] [cid:image003.png@01D9BFF9.7FE18BB0]
This e-mail and any accompanying documents are solely for the use of intended recipient(s) and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any disclosures of this communication is strictly prohibited. If you received this e-mail in error, please notify the sender and delete the original transmission. Thank you.
LandTenCL mailing list
LandTenCL@lists.flabarrpptl.orgmailto:LandTenCL@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landtencl
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. Reporting: kristen@kkjlawyer.commailto:kristen@kkjlawyer.com
