[RPPTL LandTen] Hypo regarding last month's rent

Daniel S. Carusi, Esq. dcarusi at carusilaw.com
Mon Mar 13 11:42:01 PDT 2017


I do not believe the LMR has to be returned or a claim made on it under any circumstance.  I believe it is the LLs  upon payment. I do believe, however,  the LL  would have  to credit the LMR against any liability of tenant.

DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS.  DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT.  ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICEPLEADINGS at CARUSILAW.COM<mailto:PLEADINGS at VOVALAW.COM>.



Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101
954.524.4169 F

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.
-------------------------------------------------------
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to apolloniaauciello at bellsouth.net<mailto:apolloniaauciello at bellsouth.net>.
[SSI Registered Agent Official Seal]

________________________________
From: landten-bounces at lists.flabarrpptl.org [landten-bounces at lists.flabarrpptl.org] on behalf of Harry Heist [harry at evict.com]
Sent: Monday, March 13, 2017 2:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Hypo regarding last month's rent


1.      Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has done $1500 damages
Can landlord make a claim on the sec dep AND LMR


2.      Lease ends December 2017
Landlord is holding $1000 Sec Dep and $1000 LMR
Tenant pays March 2017 rent $1000 and breaks lease March 15, gave notice etc.
Tenant has $1000 damages
April rent becomes due and LL is sending out claim on Sec Dep
Can landlord make a claim on the Sec Dep AND LMR

Bottom line question. Can LMR be used/claimed if it is not the last month of the lease or must it be returned even though tenant may owe rent or have damages that exceed the Sec Dep.?

Harry


LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
[cid:image002.png at 01D29C02.5A495A30]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>


Visit us on Facebook






THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20170313/24eeb683/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1153 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20170313/24eeb683/image002-0001.png>


More information about the landten mailing list