[RPPTL LandTen] Searching for case - Residential Eviction

Mon Sep 17 12:35:46 PDT 2012

Isn’t the intent of the statute to ensure that notice is delivered to the tenant and to prevent a he said/she said?  If the notice was sent via email and regular mail, the language substantially complied with the form in the statute and the tenant replied by email to the notice, what is the tenant’s complaint?

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, FL 33431

Phone: (561) 226-4628

Fax: (561) 994-6693

Web: www.horkylaw.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, September 17, 2012 2:55 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Searching for case - Residential Eviction

I have agree to with Harry on this one.  L/T statutes are strickly construed (against the landlords at least), so as far as I know there is no substitute for certified mail of a security deposit notice.  As far as charging the tenant for the certified mail, I also don't believe that is appropriate since it's an obligation imposed upon the landlord by statute and is not something that was caused by the tenant.

Cary 

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416 

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From: "Heist, Weisse & Wolk" <harry at evict.com>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Monday, September 17, 2012 2:47 PM
Subject: Re: [RPPTL LandTen] Searching for case - Residential Eviction

I don’t have any cases but I have always seen a  strict construction of the statute.  I even tell my clients to send it out by certified mail even if the parties come to an agreement upon move out.

Some of my client's want to charge the former tenants for the certified mail as it is over $5 now.  I advise against it.

Your thoughts?

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:  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 Antonio L Martinez
Sent: Monday, September 17, 2012 1:28 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Searching for case - Residential Eviction

Greetings group!

Does anyone have a case that states that notice of intent to claim deposit is still effective if received by tenant although not mailed certified mail-return receipt requested?  Tenant received the letter via email and US mail. Responded and argued via writing with Landlord for over a month.  Now Tenant has sued to get deposit back claiming notice was not proper.  

Thanks,

Tony

Antonio L. Martinez, Esq.

Law Offices of Antonio L Martinez P.A.

9100 South Dadeland Blvd, Suite 1500

Miami, Florida 33156

Email: tony at martinezlawfl.com

Main: 305-777-3523

Direct: 305-796-8699 

Skype: martinez_antonio

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