Florida Treasure Coast Real Estate Resource

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Landlord Update: Collecting the Rent | Rentals in Stuart Florida

As a Realtor who handles dozens of rental transactions, the number one question I get from new as well as experienced landlords has to do with collecting the rent. Most are happy to have the tenant mail a check while others provide a supply of deposit tickets to their tenants, enabling them to deposit funds directly into the For Rentlandlord's bank account. Some tenants have even elected to pay the rent using online banking or a wire transfer. Landlords are understandably excited when a tenant pays electronically, as they get paid on time and have immediate use of the funds.

Recently I was asked to draw up a lease where the landlord required the tenant to pay electronically. I submitted the request to our lease attorney who provided the following reason why we should not have such a clause in the lease:

"In the event of an eviction if the tenant has access to owners or property managers bank account and the tenant deposits money after the eviction has been filed it would stop the eviction and cost the owner or property manager more money. Also, that bank account would become part of the exhibits during an eviction action."

A real estate attorney can explain all the ramifications of accepting direct deposits into your account but the "long and short" of it is that if the tenant deposits money into your account after you initiate an eviction, it can cause you to have to start the process all over or worse.

Under the best of circumstances being a landlord (especially an accidental or out of town landlord) can be a challenge. Working with a qualified rental agent will help you minimize the pitfalls of being a landlord and procure the best tenant, in the shortest possible time and with the least amount of stress.

This post has been authored by Eric Slifkin, REALTOR® serving South Florida's Treasure Coast. You can reach me at 888-288-1765, or visit my Web site at http://www.TreasureCoastHomeSales.com. As your resource for information on new or resale homes throughout the Treasure Coast, please be sure to contact me about any home you may find on the Web, yard sign or ad and I will research the property, arrange showings and handle all the details.

2 commentsEric Slifkin, Broker Associate • June 23 2010 10:00PM

Comments

Great idea on the electronic payment. I would imagine the tenants see great benefit as well.

Posted by Scott Hayes (Austin Real Estate Agency) 2 months ago

Yes, it's a great benefit to both the landlord and tenant but as our attorney pointed out it can come back and bite you in an eviction. So the landord has to make a judgement call- convenience vs liability.

Posted by Eric Slifkin, Broker Associate (Keller Williams Realty) 2 months ago

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