[RPPTL LandTen] N-1003 - Landlord Tenant Committee: Security Deposit conundrum

Fri Apr 25 14:00:35 PDT 2014

AHA!!

I was going to drop that bomb soon but Lloyd beat me to it. The new law!

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
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Email:  <mailto:harry at evict.com> harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Friday, April 25, 2014 4:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Security Deposit conundrum

The disclosure in the statute says the notice is keyed to “move out” not termination or breach.  Pasted below

(d) Contain the following disclosure:

YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.

This email message was sent by:
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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 4:42 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Security Deposit conundrum

So you are saying the 30 days does not begin running at all if a tenant breaches the lease? 

If that is the case, why does the statute talk about the tenant giving 7 days written notice and a forwarding address?

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Friday, April 25, 2014 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

Harry

The 30 days is the notice period at the end of the lease. The lease is not ended just because the tenant defaults. This is a situation of a mid lease default. The first paragraph of the statute says that the Landlord holds the money in a separate account, until he is entitled to it. Upon a rent default, he is entitled to it. The tenant is still obligated for rent under the balance of the lease. The last month can be applied the next month or vice versa. 

David Weisman 

Sent from my iPad

On Apr 25, 2014, at 3:17 PM, "Harry Heist" <harry at evict.com> wrote:

Yes, tenant gave 7 day’s notice and a forwarding.

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Joe Alexander
Sent: Friday, April 25, 2014 3:55 PM
To: RPPTL Landlord Tenant Committee; 'Cary Sabol'
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

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

Phone: (352) 383-4186

Facsimile: (352) 383-0087

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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

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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From: 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> 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> 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 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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