[RPPTL LandTen] Security Deposits on Condo Rentals

Mon Apr 18 10:03:22 PDT 2011

Greg, I wonder if you could answer a question for me off the “list”.  My
Aunt has a condo and there are subterranean termites in the building – which
consists of 5 units.  The condo docs are silent as to who is obligated to
pay for the treatment.  Do you happen to know the answer?

Thank you,

Charles J. Levin

Attorney at Law

Post Office Box 342727

Tampa, FL 33694

Telephone 813-963-5135

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*From:* landten-bounces at lists.flabarrpptl.org [mailto:
landten-bounces at lists.flabarrpptl.org] *On Behalf Of *Greg Hass
*Sent:* Monday, April 18, 2011 12:52 PM
*To:* RPPTL Landlord Tenant Committee
*Subject:* Re: [RPPTL LandTen] Security Deposits on Condo Rentals

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

Office of Law & Policy |* **Florida**Realtors®
*7025 Augusta National Drive, Orlando, FL 32822
*talk:* 407.438.1400, ext. 2421
*visit:* *http://www.floridarealtors.org*

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*http://convention.floridarealtors.org* August 24-28

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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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