[RPPTL LandTen] Some Advice on Consequences of Failure by Landlord To Provide NOTICE of Deposit in Separate Account? Lloyd Granet Referred Me!

[Lew Oliver]

To All:

 

I have a case where a residential Tenant has retained me in a fight over the
deposit.   The Tenant caused a fair amount of damage for which he is liable,
and also failed to give proper notice of departure and failed to pay rent,
so the landlord probably has a pretty good claim on the deposit.  The
Landlord also followed all the proper notification requirements for the
claim on the deposit.  However, there is ALSO evidence that the although the
landlord did keep the deposit in a separate account, the Landlord did NOT
notify the Tenant in writing of that separate account as required by FS
83.49(2).

 

The question therefore is: even though the Landlord appears to have
legitimate claims on the deposit, does the Landlord nonetheless have to
return the entire deposit because of failure to comply with 83.49(2)? 

 

Yes I know that the Landlord may still SUE the tenant for the damages, etc.,
but the Tenant does not believe the Landlord will bother to do so. 

 

Thanks!

 

Lewis M. Oliver III, Esq. ("Lew")

Florida Bar Member  # 0462284

Member of the Florida Bar Since 1985

 

Quiñones & Oliver, P.L.

11513 Lake Underhill Rd, Ste A

Orlando, FL 32825

Phone: (407) 249-5050

Fax: (407) 249-5008

 

Offices also in Downtown Kissimmee at:

24 N. Clyde Avenue

Kissimmee, FL 34741

 

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