[RPPTL LandTen] Security Deposit Question

[Arthur J. Menor]

Scott, this case would appear to answer the question you posed.
 
Alberto, thanks for your prompt and helpful response.
 
This is a great example of the List Serve working well!


________________________________

	From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto
Cardet
	Sent: Monday, April 20, 2009 6:34 PM
	To: landten at lists.flabarrpptl.org
	Subject: Re: [RPPTL LandTen] Security Deposit Question
	
	
	Attached is a case published in the Florida Law Weekly
Supplement, it is the 11th Circuit in it's appellate capacity relying on
the statute's definition of "Security Deposit" to determine that a
security deposit can be used for unpaid rent that remains outstanding,
absent language in the lease to the contrary. 
	
	
	
	Alberto M. Cardet, P.A.
	1330 Coral Way #301
	Miami FL 33145
	305-403-7783
	305-403-7824 (fax)
	
	
	

	On Apr 20, 2009, SAFrank at arnstein.com wrote:

		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 colleagueseems to recall a casewheretheresidential
landlord retained thesecurity deposit as compensation for unpaid rent
that remained outstanding.  Apparently, the court found that the
landlord could not usethedeposit for this purposeunless thelease itself
specifically authorizes such use (i.e., lists non-payment of rent as a
causefor retaining thesecurity deposit as opposed to damageto 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
		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
		Phone: 561.833.9800 
		 
		      
		This electronic mail transmission may contain
confidential or privileged information. If you believethat you
havereceived this messagein error, pleasenotify thesender by reply
transmission and deletethemessage without copying or disclosing it.
Pursuantto Internal RevenueServiceguidance, beadvised that any federal
tax advicecontained in this written or electronic communication,
including any attachments or enclosures, is not intended or written to
beused and it cannot beused by any person or entity for thepurpose of
(i) avoiding any tax penalties that may beimposed by theInternal
RevenueServiceor any other U.S. Federal taxing authority or agency or
(ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein. 
________________________________


		_______________________________________________
		landten mailing list
		landten at lists.flabarrpptl.org
		http://mailman.fsr.com/mailman/listinfo/landten

IRS CIRCULAR 230 NOTICE:   Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose 
of avoiding penalties that may be imposed under U.S. tax 
law.  If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any 
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a 
person other than the sender or this firm of that 
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.


The information in this email transmission is privileged
and confidential.  If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited.  If you have
received this email in error, please notify the sender by
email reply.  Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20090421/9013b636/attachment.html