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RPPTL Real Estate Leasing Committee

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Residential lease security deposit

RR
RPPTL Real Estate Leasing Committee
Thu, Apr 8, 2021 6:51 PM

Group:

        Residential lease with $25,000.00 security deposit.  The lease has ended and the Landlord is making a claim against the entire $25,000.00 security deposit.  Tenant is a prominent person who lives out of state and the landlord does not have an address for the tenant.

The tenant's attorney in New York said in an e-mail that he would accept the 30-day security deposit claim letter on behalf of the tenant as the tenant's attorney and that I do not need to send it to the leased premises (the last known address for the tenant) by certified mail RRR

The lease is silent regarding notice to the tenant.  Does the attorney's acceptance in writing of the 30-day security deposit claim letter eliminate the need to send it to the tenant's last known address (which was the leased premises)?
.

Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL  33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.

Group: Residential lease with $25,000.00 security deposit. The lease has ended and the Landlord is making a claim against the entire $25,000.00 security deposit. Tenant is a prominent person who lives out of state and the landlord does not have an address for the tenant. The tenant's attorney in New York said in an e-mail that he would accept the 30-day security deposit claim letter on behalf of the tenant as the tenant's attorney and that I do not need to send it to the leased premises (the last known address for the tenant) by certified mail RRR The lease is silent regarding notice to the tenant. Does the attorney's acceptance in writing of the 30-day security deposit claim letter eliminate the need to send it to the tenant's last known address (which was the leased premises)? . Kristopher E. Fernandez, Esquire Florida Bar Board Certified Real Estate Attorney 114 S. Fremont Avenue Tampa, FL 33606 (813) 832-6340 (813) 601-3257 (after hours) (813) 251-0438 (fax) NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
RR
RPPTL Real Estate Leasing Committee
Thu, Apr 8, 2021 6:56 PM

If it were me, I would still send it to the property address as the last known address and copy it to the Tenant's attorney by email. No point in potentially having a strict construction argument regarding the statute.

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.thebentleylawfirm.comhttp://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19.  As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm  unless absolutely necessary.  We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, April 08, 2021 2:51 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Residential lease security deposit

Group:

        Residential lease with $25,000.00 security deposit.  The lease has ended and the Landlord is making a claim against the entire $25,000.00 security deposit.  Tenant is a prominent person who lives out of state and the landlord does not have an address for the tenant.

The tenant's attorney in New York said in an e-mail that he would accept the 30-day security deposit claim letter on behalf of the tenant as the tenant's attorney and that I do not need to send it to the leased premises (the last known address for the tenant) by certified mail RRR

The lease is silent regarding notice to the tenant.  Does the attorney's acceptance in writing of the 30-day security deposit claim letter eliminate the need to send it to the tenant's last known address (which was the leased premises)?
.

Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL  33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.

If it were me, I would still send it to the property address as the last known address and copy it to the Tenant's attorney by email. No point in potentially having a strict construction argument regarding the statute. Amanda R. Kison, Esq. Board Certified Business Litigation Bentley Law Firm P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/> Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee Sent: Thursday, April 08, 2021 2:51 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL Leasing Committee] Residential lease security deposit Group: Residential lease with $25,000.00 security deposit. The lease has ended and the Landlord is making a claim against the entire $25,000.00 security deposit. Tenant is a prominent person who lives out of state and the landlord does not have an address for the tenant. The tenant's attorney in New York said in an e-mail that he would accept the 30-day security deposit claim letter on behalf of the tenant as the tenant's attorney and that I do not need to send it to the leased premises (the last known address for the tenant) by certified mail RRR The lease is silent regarding notice to the tenant. Does the attorney's acceptance in writing of the 30-day security deposit claim letter eliminate the need to send it to the tenant's last known address (which was the leased premises)? . Kristopher E. Fernandez, Esquire Florida Bar Board Certified Real Estate Attorney 114 S. Fremont Avenue Tampa, FL 33606 (813) 832-6340 (813) 601-3257 (after hours) (813) 251-0438 (fax) NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.
RR
RPPTL Real Estate Leasing Committee
Thu, Apr 8, 2021 7:04 PM

I agree with Amanda.

Albert

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Thu, Apr 8, 2021 at 2:58 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:

If it were me, I would still send it to the property address as the last
known address and copy it to the Tenant’s attorney by email. No point in
potentially having a strict construction argument regarding the statute.

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com

Please note that Bentley Law Firm is taking precautionary measures to
safeguard its personnel, clients, and guests due to concerns regarding
COVID-19.  As with Firm personnel, we are asking our guests to refrain from
visiting Bentley Law Firm  unless absolutely necessary.  We will be
available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any
inconvenience.

From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate
Leasing Committee
Sent: Thursday, April 08, 2021 2:51 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Residential lease security deposit

Group:

         Residential lease with $25,000.00 security deposit.  The lease

has ended and the Landlord is making a claim against the entire $25,000.00
security deposit.  Tenant is a prominent person who lives out of state and
the landlord does not have an address for the tenant.

The tenant’s attorney in New York said in an e-mail that he would accept
the 30-day security deposit claim letter on behalf of the tenant as the
tenant’s attorney and that I do not need to send it to the leased premises
(the last known address for the tenant) by certified mail RRR

The lease is silent regarding notice to the tenant.  Does the attorney’s
acceptance in writing of the 30-day security deposit claim letter eliminate
the need to send it to the tenant’s last known address (which was the
leased premises)?

.

Kristopher E. Fernandez, Esquire

Florida Bar Board Certified Real Estate Attorney

114 S. Fremont Avenue

Tampa, FL  33606

(813) 832-6340

(813) 601-3257 (after hours)

(813) 251-0438 (fax)

NOTICE: This email (including any attachments) is covered by the
Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is
confidential and legally privileged. If you are not the intended recipient,
you are hereby notified that any retention, distribution or copying of this
communication is strictly prohibited. Please reply to the sender that you
received the message in error and then delete it. Thank you.


landten mailing list
landten@lists.flabarrpptl.org
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I agree with Amanda. Albert Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Thu, Apr 8, 2021 at 2:58 PM RPPTL Real Estate Leasing Committee < landten@lists.flabarrpptl.org> wrote: > If it were me, I would still send it to the property address as the last > known address and copy it to the Tenant’s attorney by email. No point in > potentially having a strict construction argument regarding the statute. > > > > Amanda R. Kison, Esq. > > Board Certified Business Litigation > > Bentley Law Firm P.A. > > 783 South Orange Ave., 3rd Floor > > Sarasota, FL 34236 > > (941) 556-9030 (Main) > > www.thebentleylawfirm.com > > > > *Please note that* *Bentley Law Firm is taking precautionary measures to > safeguard its personnel, clients, and guests due to concerns regarding > COVID-19. As with Firm personnel, we are asking our guests to refrain from > visiting Bentley Law Firm unless absolutely necessary. We will be > available by email, Skype or telephone as usual.* > > > > *We appreciate your understanding and cooperation and apologize for any > inconvenience.* > > > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL Real Estate > Leasing Committee > *Sent:* Thursday, April 08, 2021 2:51 PM > *To:* landten@lists.flabarrpptl.org > *Subject:* [RPPTL Leasing Committee] Residential lease security deposit > > > > Group: > > > > Residential lease with $25,000.00 security deposit. The lease > has ended and the Landlord is making a claim against the entire $25,000.00 > security deposit. Tenant is a prominent person who lives out of state and > the landlord does not have an address for the tenant. > > > > The tenant’s attorney in New York said in an e-mail that he would accept > the 30-day security deposit claim letter on behalf of the tenant as the > tenant’s attorney and that I do not need to send it to the leased premises > (the last known address for the tenant) by certified mail RRR > > > > The lease is silent regarding notice to the tenant. Does the attorney’s > acceptance in writing of the 30-day security deposit claim letter eliminate > the need to send it to the tenant’s last known address (which was the > leased premises)? > > . > > > > > > > > Kristopher E. Fernandez, Esquire > > Florida Bar Board Certified Real Estate Attorney > > 114 S. Fremont Avenue > > Tampa, FL 33606 > > (813) 832-6340 > > (813) 601-3257 (after hours) > > (813) 251-0438 (fax) > > > > > > NOTICE: This email (including any attachments) is covered by the > Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is > confidential and legally privileged. If you are not the intended recipient, > you are hereby notified that any retention, distribution or copying of this > communication is strictly prohibited. Please reply to the sender that you > received the message in error and then delete it. Thank you. > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten
RR
RPPTL Real Estate Leasing Committee
Thu, Apr 8, 2021 7:07 PM

Probably safe either way, but for the cost of certified mail you are safer. Why risk it?

On Apr 8, 2021, at 3:04 PM, RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org wrote:

I agree with Amanda.

Albert

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Thu, Apr 8, 2021 at 2:58 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org> wrote:
If it were me, I would still send it to the property address as the last known address and copy it to the Tenant’s attorney by email. No point in potentially having a strict construction argument regarding the statute.

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley Law Firm P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

www.thebentleylawfirm.com http://www.thebentleylawfirm.com/

Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19.  As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm  unless absolutely necessary.  We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Thursday, April 08, 2021 2:51 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Residential lease security deposit

Group:

         Residential lease with $25,000.00 security deposit.  The lease has ended and the Landlord is making a claim against the entire $25,000.00 security deposit.  Tenant is a prominent person who lives out of state and the landlord does not have an address for the tenant.

The tenant’s attorney in New York said in an e-mail that he would accept the 30-day security deposit claim letter on behalf of the tenant as the tenant’s attorney and that I do not need to send it to the leased premises (the last known address for the tenant) by certified mail RRR

The lease is silent regarding notice to the tenant.  Does the attorney’s acceptance in writing of the 30-day security deposit claim letter eliminate the need to send it to the tenant’s last known address (which was the leased premises)?

.

Kristopher E. Fernandez, Esquire

Florida Bar Board Certified Real Estate Attorney

114 S. Fremont Avenue

Tampa, FL  33606

(813) 832-6340

(813) 601-3257 (after hours)

(813) 251-0438 (fax)

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.


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landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Probably safe either way, but for the cost of certified mail you are safer. Why risk it? > On Apr 8, 2021, at 3:04 PM, RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org> wrote: > > I agree with Amanda. > > Albert > > Alberto M. Cardet, Esq. > Cardet Law, P.A. > PO Box 830746 > Miami FL 33283 > 305-403-7783 > > > On Thu, Apr 8, 2021 at 2:58 PM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org>> wrote: > If it were me, I would still send it to the property address as the last known address and copy it to the Tenant’s attorney by email. No point in potentially having a strict construction argument regarding the statute. > > > > Amanda R. Kison, Esq. > > Board Certified Business Litigation > > Bentley Law Firm P.A. > > 783 South Orange Ave., 3rd Floor > > Sarasota, FL 34236 > > (941) 556-9030 (Main) > > www.thebentleylawfirm.com <http://www.thebentleylawfirm.com/> > > > Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual. > > > > We appreciate your understanding and cooperation and apologize for any inconvenience. > > > > From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org>> On Behalf Of RPPTL Real Estate Leasing Committee > Sent: Thursday, April 08, 2021 2:51 PM > To: landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> > Subject: [RPPTL Leasing Committee] Residential lease security deposit > > > > Group: > > > > Residential lease with $25,000.00 security deposit. The lease has ended and the Landlord is making a claim against the entire $25,000.00 security deposit. Tenant is a prominent person who lives out of state and the landlord does not have an address for the tenant. > > > > The tenant’s attorney in New York said in an e-mail that he would accept the 30-day security deposit claim letter on behalf of the tenant as the tenant’s attorney and that I do not need to send it to the leased premises (the last known address for the tenant) by certified mail RRR > > > > The lease is silent regarding notice to the tenant. Does the attorney’s acceptance in writing of the 30-day security deposit claim letter eliminate the need to send it to the tenant’s last known address (which was the leased premises)? > > . > > > > > > > > Kristopher E. Fernandez, Esquire > > Florida Bar Board Certified Real Estate Attorney > > 114 S. Fremont Avenue > > Tampa, FL 33606 > > (813) 832-6340 > > (813) 601-3257 (after hours) > > (813) 251-0438 (fax) > > > > > > NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you. > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> > http://mailman.fsr.com/mailman/listinfo/landten <http://mailman.fsr.com/mailman/listinfo/landten>_______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten