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

[Lainie J. Simon]

I would charge it at the inception of the Lease, as an advanced cleaning/admin charge.  Keep it separate, but don't make it part of the security deposit, b/c the statute doesn't contemplate that usage.
On Jan 24, 2013, at 7:02 PM, Anthony J. Horky wrote:

> 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
>  
> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com.
> -------------------------------------------------------
> Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
>  
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten


Lainie J. Simon, Esq. 
185 NW Spanish River Boulevard 
Suite 220 
Boca Raton, FL  33431 
561.445.1361 
561.997.6224(fax) 

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the  responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use. 
Ê 


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20130124/e2ba7e3a/attachment.html>