[RPPTL LandTen] Security Deposit conundrum
Dennis Chen
dennis at chenlaw.net
Sun Apr 27 12:27:44 PDT 2014
The claim letter is just that, a statement setting forth the basis of their
claim against the security deposit. The tenant has the right to dispute
the claim letter and can file an action to dispute the LL's claim. If LL
waits until the 30th day to issue the letter and on June 14th claims rent
for June and July, then the Tnt can dispute the claim. If the Tnt files a
small claims action on the 15th, they are not likely to have the appearance
until late July. LL can then file a counterclaim after July 1st for two
months, June and July. I don't think the letter is acceleration, it is
merely stating the basis of the claim against the security deposit. I
believe that the LL is okay as long as the amount they are suing for is
ripe at the time that the counterclaim is filed.
Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel: (407) 392-1872
Fax: 1-866-571-3421
dennis at chenlaw.net
Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation
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On Sun, Apr 27, 2014 at 9:55 AM, Harry Heist <harry at evict.com> wrote:
> How can you do this Dennis? It would be acceleration.
>
>
>
> Harry
>
>
>
>
> *LAW OFFICES OF HEIST, WEISSE, & WOLK P.A.*
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> *From:* landten-bounces at lists.flabarrpptl.org [mailto:
> landten-bounces at lists.flabarrpptl.org] *On Behalf Of *Dennis Chen
> *Sent:* Saturday, April 26, 2014 2:33 PM
>
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] Security Deposit conundrum
>
>
>
> I think that the claim on deposit would be for the entire remaining lease
> period. LL is not filing an action at that time, merely stating the basis
> for their claim against the security deposit which includes any amounts you
> feel you are entitled to. The tenant can refute the claim and file an
> action if they like. LL then counterclaims for the unpaid rent owed at the
> time of filing and claim each subsequent month. By the time you get to
> trial or mediation two months would have elapsed.
>
>
>
> Dennis
>
>
> Dennis A. Chen, Esq.
> Chen Law Firm, PA
> 5401 S. Kirkman Rd., Ste. 310
> Orlando, Florida 32819
> Tel: (407) 392-1872
> Fax: 1-866-571-3421
> dennis at chenlaw.net
>
> Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
> Estate Litigation
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> On Fri, Apr 25, 2014 at 4:41 PM, Harry Heist <harry at evict.com> wrote:
>
> 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
> <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
> the Property Management Professional"Website: **www.evict.com*<http://www.evict.com/>
> * Email: **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
> <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
> the Property Management Professional"Website: **www.evict.com*<http://www.evict.com/>
> * Email: **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<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
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> Mount Dora, Florida 32757
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> Email: jalexander at pcba-law.com
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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
> <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
> the Property Management Professional"Website: **www.evict.com*<http://www.evict.com/>
> * Email: **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<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*
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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
> <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
> the Property Management Professional"Website: **www.evict.com*<http://www.evict.com/>
> * Email: **harry at evict.com* <harry at evict.com>
>
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