[RPPTL LandTen] Residential Security Deposit
Neil B. Shoter
NShoter at shutts.com
Wed May 25 12:57:25 PDT 2011
I agree that joint check would offer the most effective solution for the Landlord without having to favor either tenant over the other, but difficult logistics. Jeffrey's suggestion would seem ideal, assuming you can get them both together at one time to deliver the check...
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Wednesday, May 25, 2011 3:49 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential Security Deposit
Any chance the lease allows the Landlord to return the entire security deposit to any one tenant, or to both tenants, pro-rata?
If not, I think Harry is right, except I'm uncomfortable delivering the check to one but not the other. Can you require that they come in and pick up the check together, with both of them signing a receipt?
Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax: 954-962-3560
Email: Jmazor at Mazor.com<mailto:Jmazor at Mazor.com>
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of harry at evict.com
Sent: Wednesday, May 25, 2011 3:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential Security Deposit
That is what we would suggest.
The one who receives it though will forge the other's name and cash it.
Harry Heist
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Wednesday, May 25, 2011 3:41 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Residentiall Security Desposit
Landlord has residential lease agreement with two tenants. Tenants are boyfriend and girlfriend. Lease has terminated and so has the boyfriend / girlfriend relationship. Both tenants have sent separate letters to landlord providing new addresses for each and requesting return of the security deposit to each individually. Both tenants claim the full security deposit belongs to each one individually. The deposit was initially paid from the girlfriend's checking account and the rent was paid from the boyfriend's account. Each claims their monies were comingled during the tenancy.
Aside from interpleading a relatively small amount of money $1,200.00, and wanting to avoid a small claims case for the return of the deposit. How do you all feel making the check for the full security deposit payable to both and mailing it to one of them and a copy of the check to the other and let the former tenants sort it out?
Suggestions?
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824
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