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/
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In the office we were discussing the recent law change as it pertains to notice to terminate the written fixed term lease.
The FAR/BAR lease ends when it ends with zero notice required by either party.
Does this change REQUIRE notice or does it mean the landlord MAY give or require notice and if they do, it would be 30 to 60 days?
If the interpretation is MAY, I have no clue why we would even need a new law because 30 - 60 days notice is normal practice.
I would hope the RPPTL would be involved more in drafting in the future.
In the "old days", the RPPTL was heavily involved with bill drafting and had some significant legislative clout.
The Fee in Lieu of Security Deposit law is an abomination.
Harry
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