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

[Manuel Farach]

I like Andrew’s idea. Another alternative is to have the lease say that $X is due at lease end for cleaning and tenant has the option of bringing certified funds or taking it out security deposit.


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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Andrew F. Garofalo
Sent: Thursday, January 24, 2013 7:23 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Non-refundable cleaning deposit in residential tenancy - enforceable?

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<mailto:andrew at garofalolaw.net>

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From: landten-bounces at lists.flabarrpptl.org<mailto: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
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