[RPPTL LandTen] Searching for case - Residential Eviction

Mon Sep 17 13:06:25 PDT 2012

I agree.  Tenant has not claimed in their suit that they did not receive
the notice. Tenant is alleging that since it was not certified-return
receipt, Landlord has waived his right to claim it.  Actually, Tenant and
his counsel had a letter writing tennis match with my client during the 30
days after they vacated over the deposit.

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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On Mon, Sep 17, 2012 at 3:35 PM, Anthony J. Horky <ahorky at horkylaw.com>wrote:

> 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?****
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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**
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> 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 ****
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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**
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> 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****
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>  ****
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> HEIST, WEISSE & WOLK P.A.
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> 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****
>
>  ****
>
> CONFIDENTIALITY NOTICE: This communication and any accompanying
> document(s) are confidential and privileged, pursuant to the American Bar
> Association Formal Opinion No. 99-413, dated March 10, 1999. They are
> intended for the sole use of the addressee. If you receive this
> transmission in error, you are advised that any disclosure, copying,
> distribution, or the taking of any action in reliance upon the
> communication is strictly prohibited. Moreover, any such inadvertent
> disclosure shall not compromise or be a waiver of any applicable privilege
> as to this communication or otherwise. If you have received this
> communication in error, please contact the sender at
> tony at martinezlawfl.com or by telephone at (305) 796-8699. Thank you.****
>
>  ****
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