[RPPTL LandTen] Security Deposits on Condo Rentals

Mon Apr 18 09:52:21 PDT 2011

Les,

I’m a little late to the party but just in case you haven’t seen it yet check out 718.112 (2)(i) which provides as follows:

(i) Transfer fees.—No charge shall be made by the association or any body thereof in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless the association is required to approve such transfer and a fee for such approval is provided for in the declaration, articles, or bylaws. Any such fee may be preset, but in no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant. However, if the lease or sublease is a renewal of a lease or sublease with the same lessee or sublessee, no charge shall be made. The foregoing notwithstanding, an association may, if the authority to do so appears in the declaration or bylaws, require that a prospective lessee place a security deposit, in an amount not to exceed the equivalent of 1 month’s rent, into an escrow account maintained by the association. The security deposit shall protect against damages to the common elements or association property. Payment of interest, claims against the deposit, refunds, and disputes under this paragraph shall be handled in the same fashion as provided in part II of chapter 83.

Hope this helps,

Greg

Greg Hass, Senior Counsel

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto Cardet
Sent: Saturday, April 16, 2011 8:43 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals

I see it often in Dade county, specially in the higher end properties.  As David mentioned this is in addition to security deposit held by landlord, which becomes an issue for some prospective tenants.   landlord sometimes will give tenants a break and not hold a security deposit, thinking they are also covered by condo security deposit, but that is not the case, security deposit will be returned to tenant despite landlord's claims.  I have seen some landlords put up the secuirty deposit so that the tenant only has to put up one deposit.  Of course that has a potential for several pitfalls when the time comes to return the deposit.   

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

--- David.Weisman at gmlaw.com wrote:

From: David Weisman <David.Weisman at gmlaw.com>
To: "'lesstevens at earthlink.net'" <lesstevens at earthlink.net>, "'landten at lists.flabarrpptl.org'" <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
Date: Sat, 16 Apr 2011 15:52:57 -0400

Yes. It was in addition to what Landlord wanted. They claimed it was for move in and move out damage. 
David Weisman

________________________________

From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> 
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Sat Apr 16 15:38:36 2011
Subject: [RPPTL LandTen] Security Deposits on Condo Rentals 

Has anyone run into condominium associations requiring a security deposit from any potential renters for damage to the common areas as a condition to approval a tenant/lease?

Les H. Stevens, Esquire 

Les H. Stevens, P.A. 

5301 North Federal Highway 

Suite 130 

Boca Raton, Florida 33487 

Tel. - (561) 989-9797 

Fax - (561) 989-8484 

E-Mail - lesstevens at earthlink.net 

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