[RPPTL Leasing Committee] [RPPTL LandTenCL] Issue: Tenant attempts to make rent payment via app called Chime

[RPPTL Real Estate Leasing Committee]

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
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Email:  harry at evict.com<mailto:harry at evict.com>


From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, July 26, 2023 7:39 PM
To: landtencl at lists.flabarrpptl.org
Cc: landten at 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.com<http://www.kkjlawyer.com>
Email: Kristen at kkjlawyer.com<mailto:Kristen at 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 at lists.flabarrpptl.org<mailto:landtencl at 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 at Rokusek-Law.com<mailto:Clara at Rokusek-Law.com>
Tampa Office Phone (813) 514-8186 |6930 W. Linebaugh Avenue, Tampa, FL 33625
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Fax:  (866) 674-0167
Web Site:  www.Rokusek-Law.com<http://www.rokusek-law.com/>

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