[RPPTL LandTen] Nagging Question

Mon Aug 21 09:10:22 PDT 2017

I agree with Lloyd’s wisdom. The provision contemplates a change of manager without a change of ownership, so it should not be an issue.

David  Weisman
Shareholder
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015
Direct Phone 954-343-6941

David.Weisman at gmlaw.com<mailto:David.Weisman at gmlaw.com>
www.GMlaw.com<http://www.gmlaw.com/>

[gm-horizontal-bw_nolaw2 (2)]

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Monday, August 21, 2017 11:39 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Nagging Question

Is this solved if the Owner designates it/him/herself as agent?

This email message was sent by:
_________________________________________
Lloyd Granet | Board Certified Real Estate Attorney
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial:  (561) 999-0090
Main Number:  (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet at granetlaw.com<mailto:lgranet at granetlaw.com>

NOTICE:  IRS Circular 230 Disclosure:  In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you.

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, August 21, 2017 11:25 AM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: [RPPTL LandTen] Nagging Question

Can a property manager who is fired, transfer the security deposit to the CURRENT OWNER?

Do you all think that this is just an obvious “Yes”?

If you carefully look at the law, it is in question.  This could just be sloppy drafting of the law.

The law clearly says “NEW OWNER”, “NEW AGENT” but does NOT address when an owner will be managing.

This issue come up a LOT and if you ask the tenant for PERMISSION to transfer, MANY do not want to give this permission so the agent who no longer manages is stuck holding the funds.

(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. There is a rebuttable presumption that any new owner or agent received the security deposit from the previous owner or agent; however, this presumption is limited to 1 month's rent. This subsection does not excuse the landlord or agent for a violation of other provisions of this section while in possession of such deposits.

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:image003.png at 01D31A76.75196CE0]<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.

-- 
The information contained in this transmission may be attorney/client 
privileged and confidential. It is intended only for the use of the 
individual or entity named above. If the reader of this message is not the 
intended recipient, you are hereby notified that any dissemination, 
distribution or copying of this communication is strictly prohibited. If 
you have received this communication in error, please notify us immediately 
by reply e-mail.

Unless specifically indicated otherwise, any discussion of tax issues 
contained in this e-mail, including any attachments, is not, and is not 
intended to be, ''written advice'' as defined in Section 10.37 of Treasury 
Department Circular 230.

A portion of our practice involves the collection of debt and any 
information you provide will be used for that purpose if we are attempting 
to collect a debt from you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20170821/a9ab78c3/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 3112 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20170821/a9ab78c3/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1153 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20170821/a9ab78c3/image003-0001.png>