[RPPTL LandTen] Silly practice question

[Martin Lawyer]

Harry,

 

You could be a tenant's lawyer !

 

We'd counsel the Bre'r Fox "lay low" strategy as you outline.  (See, Uncle
Remus, "The Wonderful Tar Baby Story".)

 

Marty

 

C. Martin (Marty) Lawyer, III

Florida Bar # 128095

BAY AREA LEGAL SERVICES, INC.

829  West M. L. King Blvd.,  Suite # 200

Tampa,  FL 33603-3336

(813) 232-1222,  Ext. 109

FAX: 232-1403

PRESERVING INDEPENDENCE, HOPE, AND DIGNITY

 

 

 

 

  _____  

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, 17 August 2012 14:54
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Silly practice question

 

If I were the tenant and there were no damages and I could 100% prove that,
(doubtful) I would wait until the 30 days are up, make a written demand for
the return of the deposit and if not returned, sue.   The tenant risks 2
things: 

 

a. The judge will not follow the law and offset the deposit with anything
awarded in a counterclaim or 

b. The tenant will have to deal with the counterclaim.

 

Harry

 

LAW OFFICES OF 
HEIST, WEISSE & 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

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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

 

Please note our new address and phone number:

 

LAW OFFICES OF SCOTT A. FRANK, P.A.

5301 N. Federal Highway, Suite 170

Boca Raton, FL 33487

p:  (561) 826-5400

f:  (561) 423-5721 

sfrank at saflaw.com

www.saflaw.com <http://www.saflaw.com/> 

 

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