[RPPTL LandTen] Residential Security Deposits

[Shane Weaver]

I don't even bother with the separate accounts issue in my tenant cases. Other than what Harry mentioned, there doesn't seem to be a penalty. Unlike treble-rent for prohibited practices or waiver for not making a timely deposit claim, the legislature wrote a bunch of "shalls" without including a remedy for it.

I suppose you could make a breach of contract claim if damages somehow resulted from the  lack of separate accounts or the lack of notice. I don't think you can automatically treat the 5% interest as damages, because the landlord had the choice of keeping it a non-interest-bearing account.

You could also use it for an unclean hands/obligation of good faith defense to an eviction, but I doubt it would be very compelling.

Shane Weaver, Esq.
Fair Housing Project
Legal Aid Society of Palm Beach County, Inc.
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Tuesday, June 04, 2013 5:09 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Residential Security Deposits

What is the penalty for a landlord's failure to place a security deposit in a separate account?

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Arthur J. Menor
Partner
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