[RPPTL LandTen] FW: 2 questions

[Leonard Cabral]

Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com
Please disregard inadvertent misspellings and the use of abbreviations.

From: Leonard Cabral
Sent: Wednesday, April 08, 2015 5:12 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: RE: [RPPTL LandTen] 2 questions



1.      The child protective windows are local building code ordinance that went into effect when children fell out of the windows (I think it was in Orlando).  Some states have adopted child protective windows and other believe that the child protective window become a hazard in a fire.


2.      I suggested a change to this section of the statute when all the big changes were made but no one picked up on it.  I suggested that the exception for landlords with 4 or fewer homes is a travesty as most landlords that have 4 or less are the biggest violators of confiscating security deposits (usually don’t even put it in a bank). If the landlord cannot find the tenant I think then an interpleader is the correct method otherwise it becomes a forfeiture.  think it would be cheaper to do a skip tract and send a copy of the certified letter to that address. But in Harry’s case the tenant objected which requires “either party to bring suit”.  I believe this was removed from the language of HB 921 but I find instructive: IF  YOU TIMELY OBJECT, THE LANDLORD MUST HOLD THE DEPOSIT  AND EITHER YOU OR THE LANDLORD WILL HAVE TO FILE A  LAWSUIT SO THAT THE COURT CAN RESOLVE THE DISPUTE.



So it seems the policy is for either party to prove their entitlement to the security deposit if they parties cannot mediate a settlement.



3.      Are you interested in county court opinions?

Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com<mailto:Leonardcabral at lenslaw.com>

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, April 08, 2015 4:07 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] 2 questions


1.       Do any of you know of requirement for window child protective devices in high rises? I find none in FS. Any local code?

2.       The big one. Property manager manages house. Tenant disputes deposit withholding.

a.       Can the manager disburse the money to the owner (had an Orlando cases where the judge made the manager do it)

b.      Do they have to hold it and suppose no one sues? It sits for 5 years then is Unclaimed funds?

Some of you may remember when this was added below. This was added to get security deposit OUT of the dispute and settlement procedures which was onerous and silly for a $700 deposit. The DBPR has washed their hands of sec deposit disputes. I talked to numerous FREC commissioners.

I know we all have opinions on this and, Leonard, I know you would threaten the manager with “conversion” if you told them not to disburse and they did but does anyone have any case law on this.

It is a real headache for the property manager. Filing an interpleader for a $700 dispute is just plain stupid, it eats up the money, and just makes attorneys money and not even enough at that.

This really needs to be clarified someday. I would like to see the manager be comfortable in disbursing and let the owner and tenant fight it out.

Harry

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