[RPPTL LandTen] Timing for Notice of Intention to Impose Claim

Thu Oct 10 08:19:30 PDT 2019

Yes, but the “give” is by certified mail

Bob Schwartz 
Robert Marc Schwartz, P.A.
Florida Bar Board Certified Real Estate Lawyer
4700 NW Boca Raton Blvd. Suite 104
Boca Raton, FL 33431
Phone (561) 241-1850
Fax (561) 241-1845
Bob at robertschwartzpa.com
www.robertschwartzpa.com
Sent from my iPhone

> On Oct 10, 2019, at 11:07 AM, Harry Heist <harry at evict.com> wrote:
> 
> 
> He is hanging in the word “GIVE”.   The statute does not say “send”
>  
> (a)   Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim.
>  
> 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 
> Email: harry at evict.com
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> From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary P. Sabol, Esq.
> Sent: Thursday, October 10, 2019 10:28 AM
> To: RPPTL Landlord Tenant Committee
> Cc: landtenCL at lists.flabarrpptl.org
> Subject: Re: [RPPTL LandTen] Timing for Notice of Intention to Impose Claim
>  
> Tell him to read the Statute, there's no mention of any requirement of receipt, only that it be sent.
>  
> Cary
> Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
> Law Offices of Cary P. Sabol
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> -------- Original Message --------
> Subject: [RPPTL LandTen] Timing for Notice of Intention to Impose Claim
> From: "Harry Heist" <harry at evict.com>
> Date: Thu, October 10, 2019 9:38 am
> To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org>
> Cc: landtenCL at lists.flabarrpptl.org
> 
> I am dealing with a non landlord/tenant law attorney who is hell bent on saying that the tenant must RECEIVE the Notice of Intention to Impose Claim on Security Deposit within 30 days.
>  
> Our position is that it must be MAILED by certified mail within the 30 days.
>  
> Anyone have any cases on this? It is something so obvious but I don’t know of any cases. 
>  
> He is being relentless on this. This is the first time in 30 years I have an attorney taking this position and he is not backing down.
>  
> Thanks!
>  
> 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 
> Email: harry at evict.com
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> 
> Visit us on Facebook
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