[RPPTL LandTen] Admin fees or charges for processing the security deposit

[Harry Heist]

I am seeing a disturbing trend of property managers placing a clause in their lease whereby they are charging a mandatory or automatic fee for the manager to make a claim upon the Security Deposit per 83.49 if they need to send out the Notice of Intention to Impose Claim on Security Deposit.

 

I feel it is wrong to charge for something that the landlord is legally required to send out and a tenant is legally entitled to get per Florida law in the event the landlord is making a claim upon the deposit.

 

Any thoughts on this or any other statutory notices in other areas of law where it is legal or illegal to charge the person an extra FEE merely for getting the notice that is required by law?

 

I only practice ll/ten law but I am sure if there are other situations where one party must give another party a notice for something per Florida law.

 

It seems really wrong to me.

 

It began with them charging the certified mail postage which I was against and now is growing into them charging a FEE to send the darn thing out and taking it right out of the deposit.

 

Opinions? Cases?

 

Harry

 

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