[RPPTL LandTen] Security deposit issues

[James Zink]

Harry,

Do you have the Orlando case? To me, a big part of why the judge ruled this way is not just the language of the statute, but the fact that the termination of the management contract occurred after the tenant vacated, thus starting the clock on the return of the deposit or the issuance of a Notice of Claim. Without reading the Orlando case, I would think this judge’s interpretation is correct, largely because the statute is essentially written in a way that presumes the deposit is to be returned but for action by the landlord. In other words, it is the tenant’s money until it is properly claimed upon by the landlord. With that in mind, it is far more pragmatic, given the facts here, to require the management team to hold the deposit and notify the landlord in writing of the effect if the landlord fails to cooperate and allow the inspection of the property as it is the tenant’s money being held, not the landlord’s. I would be willing to bet the judge would have ruled differently if the contract were terminated while the tenancy was ongoing, based on how the decision was written.

James Zink, Esq.
Florida Rural Legal Services, Inc.
3111 South Dixie Highway, Suite 140
West Palm Beach, FL 33405
Phone: (561) 820-8902 x. 6025
Fax: (561) 820-8892

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, July 14, 2015 12:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Security deposit issues

So, the owner fires management or management fires owner, where does sec dep go?

Law: (7)  Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records to the new owner or agent, and upon transmittal of a written receipt therefor, the transferor is free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant.

So. Sale from one owner to another, manager can transfer to new owner. Change in designated agent, manager can transfer to designated agent.

Big question. Suppose transfer is from manager to current owner?

Orlando judge said manager had to transfer to current owner when management was terminated.

Tampa case: attached. Opposite interpretation.

Issue: was the omission of “current owner” in the statute a mistake or on purpose? Is it obvious that a current owner has the same rights as a new “agent”  or a new “owner” so it goes without saying an agent can transfer to the current owner?

See attached from “Florida Bad Law Weekly”.

This needs to be clarified.  It is an easy legislative fix.

Harry

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