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

[Cary Sabol]

I have litigated that issue where the Lease provided for a non-refundable cleaning fee to be deducted from the Security Deposit. Even though the tenant argued the house was left in good and clean condition, the judge did allow for the cleaning fee to be deducted from the Security Deposit. But with the caveat, of course, that this was just a county court dispute and what one judge might rule on any given day has no relevance to what might happen in another case, even with the same judge. 

Cary P. Sabol, Esq. 
P.O. Box 15981
West Palm Beach, 
Florida 33416
Phone: (561) 281-2744

On Jan 24, 2013, at 7:02 PM, "Anthony J. Horky" <ahorky at horkylaw.com> 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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20130125/6f61843e/attachment.html>