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

[Leonard Cabral]

The statute is silent as to any penalty for failure to do any of the requirements 83.49 with the exception of Certified mail notice to tenant of intent to withhold securitydeposit.  Personally, I usually only go after landlord if  the landlord fails to give proper notice AND/OR none of the tenant's security deposit money was not put in any account or at some point during the tenancy the money disappeared.  If I had to argue your position I would state the statute is silent on any waiver or penalty and that my client substantially complied with the intent of the statute.   Although it most likely depend on the judge and the case.  If it looks like the landlord is just making up claims above normal wear and the judge want to punish a greedy landlord I could see the judge ruling the statue is "strictly construed"  and rule waiver.
Leonard P. Cabral
Leonardcabral at lenslaw.com


From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lew Oliver
Sent: Thursday, July 09, 2015 1:38 PM
To: landten at lists.flabarrpptl.org
Cc: 'Leslie Zimmerly'
Subject: [RPPTL LandTen] Some Advice on Consequences of Failure by Landlord To Provide NOTICE of Deposit in Separate Account? Lloyd Granet Referred Me!

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.
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