[RPPTL LandTen] Non-refundable cleaning deposit in residential tenancy - enforceable?

[Andrew F. Garofalo]

Parties should be able to contract freely on that issue, so it should be
enforceable.  I would collect it as an additional separate deposit though,
separate from the security deposit.

 

 

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

andrew at garofalolaw.net


Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net <http://www.garofalolaw.net/> 

 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, January 24, 2013 7:02 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Non-refundable cleaning deposit in residential
tenancy - enforceable?

 

Members:  My client is a landlord/owner of a single-family home in Broward
County, FL, who wants me to prepare a 2 year lease.  One of the terms they
want is a non-refundable cleaning charge that will be deducted from the
security deposit at the end of the lease term.   Does anyone have an opinion
whether any part of that provision would be unenforceable? Thank you.  

 

Regards,

 

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

One Boca Place  New Address!

2255 Glades Road, Suite 324A  

Boca Raton, FL 33431

Phone: (561) 989-3206

Fax: (561) 989-3204

Web: www.horkylaw.com

 

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