[RPPTL LandTen] Security Deposit Question

[Frank, Scott A.]

Please pardon my interruption into your days, but a colleague asked me
what should be a simple question that I (not surprisingly) could not
answer.  So I was hoping one of you could.
 
My colleague seems to recall a case where the residential landlord
retained the security deposit as compensation for unpaid rent that
remained outstanding.  Apparently, the court found that the landlord
could not use the deposit for this purpose unless the lease itself
specifically authorizes such use (i.e., lists non-payment of rent as a
cause for retaining the security deposit as opposed to damage to the
property).
 
Can anyone point me in the right direction?
 
Thanks.
 
 
 
Scott A. Frank
Attorney at Law
ARNSTEIN & LEHR LLP 
www.arnstein.com <http://www.arnstein.com/> 
 
515 North Flagler Drive 
Sixth Floor 
West Palm Beach, Florida 33401-4323
Phone: 561.833.9800 
Fax: 561.655.5551

433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323 
Phone: 561.322.6900
Fax: 561.322.6940 
SAFrank at arnstein.com <mailto:SAFrank at arnstein.com> 

Offices in Illinois, Florida, and Wisconsin 
 
      

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