[RPPTL LandTen] Silly practice question

[David Weisman]

I would reply and object to the landlord's claim tracking the language of 3 b of the statute. I do not think that the objection  needs to be specific, but a failure to object will permit the Landlord to keep the deposit. If the landlord wakes up and send a new notice, the tenant can re-object. Otherwise, tenant should be able to recover the deposit plus fees.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank
Sent: Friday, August 17, 2012 2:35 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Silly practice question

Residential lease.

Post-expiration, but less than 30 days out, landlord sends a letter to tenant stating only (i) the name of the tenant, (ii) a laundry list of items that need repair, (iii) a total of the claimed damage (no cost itemization for the 30 - yes, 30 - items listed), and (iv) a summation that lists the security deposit as a reduction of the amount due to show a balance, and (iv) a demand for the balance.

Nothing even remotely resembling the required language found in 83.49.

PS - landlord's claims are mostly absurd.

Timing is as follows:  lease expired on 7/31.  Notice received by tenant today (8/17)

So the question is:  (i) does tenant respond to the claims themselves, thus waiving the argument that the notice was not sufficient under the statute; (ii) respond that the notice does not comply with the statute without addressing the claims themselves, thus giving the landlord a second bite of the apple by resending the notice (in correct form) within the thirty days, (iii) respond to all claims, and claim that the notice is deficient so that the tenant is entitled to receive the full deposit (also gives a possible second bite of the apple), or (iv) on August 31, 2012, deliver either response (ii) or (iii) thereby eliminating landlord's ability to resend the notice in time.

Your thoughts?

Thanks.

Scott A. Frank
Attorney at Law

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