[RPPTL LandTen] Security Deposit conundrum

Fri Apr 25 12:55:12 PDT 2014

Couldn’t you just do the Notice (within the 30 days), indicating that you intend to apply the SD to July rent if the Landlord is unable to secure a replacement tenant? You may not have to actually incur the damages within the 30 days, you just have to give the Notice within 30 days.
Also, look at 83.49(5). Did the Tenant give at least 7 days notice (cert mail), prior to vacating? If not, then you really don’t have to worry about the Notice dates, just whether you are actually entitled.

Thank you,

Joseph N. Alexander
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, April 25, 2014 3:38 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

How can you do this when only one month is due within the 30 days?

By the time July rolls around, you are outside the 30 days.

Leonard?

Harry

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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 Cary Sabol
Sent: Friday, April 25, 2014 3:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

 I concur, although I might apply the last month's rent towards the June rent and security deposit towards the remainder of lost rent assuming the landlord is unable to lease the premises prior to July 1.  I think either method of applying the funds is the same more or less.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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On Friday, April 25, 2014 3:14 PM, David Weisman <David.Weisman at gmlaw.com<mailto:David.Weisman at gmlaw.com>> wrote:
Isn't the purpose of a security deposit to stand for a tenants default?  We all think about the end of lease procedures, but I think you send a notice of default and notice that the security deposit is being applied to June rent. Wait until it is due. Then make demand for restoration of the deposit and in July apply the last month.

David Weisman

Sent from my iPad

On Apr 25, 2014, at 2:03 PM, "Harry Heist" <harry at evict.com<mailto:harry at evict.com>> wrote:
Scenario:

Residential tenancy
Rent: $500 a  month
Landlord holds $500 security deposit and $500 last month’s rent
Tenant gives notice and a forwarding address and vacates on May 15, 5 months before lease is up.  Rent is paid for May.
Landlord has 30 days to make claim on deposit.
Unit is still vacant
How does landlord claim both months he is holding as in the 30 day period , the most the tenant will owe is June rent?
On June 1, tenant will owe June’s rent but how does landlord keep the last month’s rent he is holding?

Alternative scenario: Landlord does not hold last month’s rent but holds a $1000 security deposit.

?????????????????

Harry

LAW OFFICES OF
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