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

Gregory R. Haney GHaney at trenam.com
Thu Oct 10 08:38:21 PDT 2019 

I don’t really practice in the residential realm, so I don’t have similar war stories, but I disagree that it is an unreasonable position to interpret give as “deliver” instead of “send”.  If they didn’t receive it, how did you “give” it to them?

That said, refusal to claim the certified letter should not count as failure to “give” in any instance, but have fun wording that.

Bottom line is that “give” is a horribly ambiguous word to use in this instance and it should be fixed to be clear one way or the other.

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Cary P. Sabol, Esq.
Sent: Thursday, October 10, 2019 11:26 AM
To: RPPTL Landlord Tennant Committee <landtencl at lists.flabarrpptl.org>; 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] [RPPTL LandTenCL] Timing for Notice of Intention to Impose Claim

Unfortunately, you often cannot reason with an unreasonable person.  I've been in that position many times, I just tell them "if you are so sure, then file a lawsuit and let's see how it turns out."  But that's just me, I have little patience for foolishness.

Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
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CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
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-------- Original Message --------
Subject: Re: [RPPTL LandTenCL] [RPPTL LandTen] Timing for Notice of
Intention to Impose Claim
From: "Harry Heist" <harry at evict.com<mailto:harry at evict.com>>
Date: Thu, October 10, 2019 11:00 am
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Cc: landtenCL at lists.flabarrpptl.org<mailto:landtenCL at lists.flabarrpptl.org>
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

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From: landten-bounces at lists.flabarrpptl.org<mailto: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<mailto: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
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell:     (561) 281-2744
Fax:     (888) 316-2881

BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.

** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"

CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
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IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

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-------- Original Message --------
Subject: [RPPTL LandTen] Timing for Notice of Intention to Impose Claim
From: "Harry Heist" <harry at evict.com<mailto:harry at evict.com>>
Date: Thu, October 10, 2019 9:38 am
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Cc: landtenCL at lists.flabarrpptl.org<mailto: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"
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Email: harry at evict.com<mailto:harry at evict.com>
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