[RPPTL LandTen] Security deposits

[Haney, Gregory]

Seems to me that only unencumbered assets, or assets in which the creditor has a priority interest at least, are fair game.  Surely there is an argument that this not how you would characterize a deposit held by a landlord, but I have not dealt with that issue.  I do have a client against which a receiver has proceeded for the tenant's deposit, but it's a different situation because the landlord/client had applied it to a default already (and the receiver was using the tenant’s space without paying rent).  I assume that is not your situation.




Gregory R. Haney | Shumaker
Attorney at Law
Board Certified in Real Estate Law
Bank of America Plaza, Suite 2800
101 East Kennedy Boulevard | Tampa, FL  33602
Direct 813.227.2277 | Fax 813.229.1660
ghaney at slk-law.com | bio<http://www.slk-law.com/Professionals/Gregory-Scott-R-Haney> | LinkedIn<http://www.linkedin.com/in/gregoryhaney>

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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Thursday, May 11, 2017 9:51 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Security deposits



Has anyone dealt with a garnishment served on the landlord?  The creditor is trying to grab the security deposit.  I’m not able to find anything saying it cannot be grabbed by the creditor, so I assume it’s free game.



Does anyone have any conflicting insight?



Thanks



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