What If a Landlord Insists That Rent Be Paid with Cash?

First of all, this is a legitimate question because if your lease is written on a Florida Association of Realtors Lease Form, the lease requires cash payments, but if the renters make a trip to the bank it violates emergency pandemic orders and seems unsafe. However, every lease also contains promises that the parties will deal fairly with each other in good faith.

Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. Gary received the following question from a Florida tenant, and here is his response:

Question: Our lease states that we must pay the rent in cash. Because of the Safer at Home orders in place, we do not want to go to the bank to get the money. We offered to pay with a check or even have our bank transfer the funds, but our landlord refused. We want to stay safe during the pandemic. What can we do? – Amanda

Answer: It is crucial always to get a receipt when paying your rent in cash. You agreed to pay your landlord in cash, and that is what you should do when possible.

But the unexpected sometimes happens, and even a well-drafted lease cannot foresee every situation. The COVID-19 pandemic caught the entire world unawares, and implicit in every contract is the promise that the parties will deal fairly with each other in good faith.

Given the current situation, my legal opinion is that your landlord is required to accept an alternate form of rent, and if he refuses, you will not be in breach of the lease.

You should be documenting all communication with your landlord about this issue. Save emails, texts, and take a picture of the written check. If he later chooses to try to evict you, these notes will be critical to your defense.

I find his refusal to accept a check to be very suspicious. With the massive unemployment, most landlords are happy to have tenants eager to pay rent. This is especially true since Florida and most states have delayed residential evictions for the next month or two.

You should always seek legal advice prior to doing anything that you think may break any terms of your lease or any contract even when extenuating circumstances such as these are present.

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From Article “RE Q&A: What If a Landlord Insists on Paying Rent with Cash?” By Gary M. Singer posted on www.FloridaRealtors.org on April 17, 2020 which you can find here: https://www.floridarealtors.org/news-media/news-articles/2020/04/re-qa-what-if-landlord-insists-paying-rent-cash

© 2020 Sun Sentinel (Fort Lauderdale, Fla.), Gary M. Singer. Distributed by Tribune Content Agency, LLC.