Legal Question in Real Estate Law in Florida
Paying rent
I am in the process of renting a home and my daughter is not on the lease. Can she use her checking account to pay my rent? The realtor told me no.
2 Answers from Attorneys
Re: Paying rent
Unless there is a restriction in the lease agreement, the
the tender of payment can come from any source.
The landlord's concern is that he or she does
not want the tenant to later claim that the landlord
impliedly agreed to rent to the tenant's daughter.
An easy way to get around this is to have your daughter
make out the check to you and then you endorse it
to the landlord. I do suggest you have an attorney
review your lease agreement and advise you.
Re: Paying rent
Generally, the source of the rental payments are entirely irrelevant to the landlord, so long as the money is of a non-criminal origin. As long as the rent is being paid, it should not matter who is paying the rent. I have never seen a lease agreement that forces the tenant to make rental payments from one particular source or bank account. Such a restriction may be invalid and certainly makes no business sense from the landlord's perspective.
Discuss this issue with the landlord or landlord's agent, not the realtor, and make certain that all rental payments are made by checks that reference the time periods covered by such payments in the memo portion of the checks. If any thorny issues arise, seek the advice of an attorney, not a realtor who thinks he/she knows the law. Good luck.