[RPPTL LandTen] Residentiall Security Desposit

[Warren P. Gammill]

Albert, the security deposit is owned by the tenants in a tenancy in common.
There are no other choices when the lease is silent as to any other
ownership or form of ownership.  It must be distributed to them 50/50, $600
to each.  

 

I would analogize to Demorizi v. Demorizi  851 So.2d 243, 245 (Fla. 3d DCA
2003) ("Because the tax deposit, or the credit therefore, was an item of
personal property omitted from the property settlement agreement and from
the final judgment, the husband and wife became tenants in common in the
property, by operation of law, upon entry of the final judgment. Powell v.
Metz, 55 So.2d 915 (Fla.1952); Cleary v. Hough, 567 So.2d 1039, 1040 (Fla.
2d DCA 1990);. Pemelman v. Pemelman, 186 So.2d 552 (Fla. 2d DCA 1966);
Wilkerson v. Wilkerson, 179 So.2d 592 (Fla. 2d DCA 1965").

 

Warren P. Gammill, Esq.

Warren Gammill & Associates

Suite 1050, Courthouse Tower

44 West Flagler Street

Miami, Florida 33130

Telephone: (305) 579-0000

Telecopier: (305) 371-6927

Gammill at MiamiLawOffice.com

www.GammillLaw.com

 

 







 

 

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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