[RPPTL LandTen] Silly practice question

Fri Aug 17 12:15:24 PDT 2012

I do agree that it is never worth it to risk what a County Court Judge may
do.

So I believe my strategy will be to wait until the 31st (14 days after
receipt of landlord's claim, but more than 30 days after lease expiration),
and then issue a reply (i) rebutting each item, and (ii) demanding an
instant return of the entire deposit due to landlord's failure to comply.

Thanks all.

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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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Martin Lawyer
Sent: Friday, August 17, 2012 3:07 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Silly practice question

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/> 

If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

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