[RPPTL LandTen] Searching for case - Residential Eviction
Greetings group!
Does anyone have a case that states that notice of intent to claim deposit
is still effective if received by tenant although not mailed certified
mail-return receipt requested? Tenant received the letter via email and US
mail. Responded and argued via writing with Landlord for over a month. Now
Tenant has sued to get deposit back claiming notice was not proper.
Thanks,
Tony
Antonio L. Martinez, Esq.
Law Offices of Antonio L Martinez P.A.
9100 South Dadeland Blvd, Suite 1500
Miami, Florida 33156
Email: tony@martinezlawfl.com
Main: 305-777-3523
Direct: 305-796-8699
Skype: martinez_antonio
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s)
are confidential and privileged, pursuant to the American Bar Association
Formal Opinion No. 99-413, dated March 10, 1999. They are intended for the
sole use of the addressee. If you receive this transmission in error, you
are advised that any disclosure, copying, distribution, or the taking of
any action in reliance upon the communication is strictly prohibited.
Moreover, any such inadvertent disclosure shall not compromise or be a
waiver of any applicable privilege as to this communication or otherwise.
If you have received this communication in error, please contact the sender
at tony@martinezlawfl.com or by telephone at (305) 796-8699. Thank you.
Tony,
I'm not sure there is such a case; at least I haven't seen it. It is my understanding that the Statute requires delivery by Certified Mail, so I don't know whether there is any leeway on that issue. I'd be interested in hearing whether anyone else in the group knows that proof of actual delivery satisfies the statutory requirement on this issue.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: Antonio L Martinez tony@martinezlawfl.com
To: landten@lists.flabarrpptl.org
Sent: Monday, September 17, 2012 1:28 PM
Subject: [RPPTL LandTen] Searching for case - Residential Eviction
Greetings group!
Does anyone have a case that states that notice of intent to claim deposit is still effective if received by tenant although not mailed certified mail-return receipt requested? Tenant received the letter via email and US mail. Responded and argued via writing with Landlord for over a month. Now Tenant has sued to get deposit back claiming notice was not proper.
Thanks,
Tony
Antonio L. Martinez, Esq.
Law Offices of Antonio L Martinez P.A.
9100 South Dadeland Blvd, Suite 1500
Miami, Florida 33156
Email: tony@martinezlawfl.com
Main: 305-777-3523Direct: 305-796-8699
Skype: martinez_antonio
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged, pursuant to the American Bar Association Formal Opinion No. 99-413, dated March 10, 1999. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or be a waiver of any applicable privilege as to this communication or otherwise. If you have received this communication in error, please contact the sender at tony@martinezlawfl.com or by telephone at (305) 796-8699. Thank you.
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I don't have any cases but I have always seen a strict construction of the
statute. I even tell my clients to send it out by certified mail even if
the parties come to an agreement upon move out.
Some of my client's want to charge the former tenants for the certified mail
as it is over $5 now. I advise against it.
Your thoughts?
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@evict.com
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.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Antonio L
Martinez
Sent: Monday, September 17, 2012 1:28 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Searching for case - Residential Eviction
Greetings group!
Does anyone have a case that states that notice of intent to claim deposit
is still effective if received by tenant although not mailed certified
mail-return receipt requested? Tenant received the letter via email and US
mail. Responded and argued via writing with Landlord for over a month. Now
Tenant has sued to get deposit back claiming notice was not proper.
Thanks,
Tony
Antonio L. Martinez, Esq.
Law Offices of Antonio L Martinez P.A.
9100 South Dadeland Blvd, Suite 1500
Miami, Florida 33156
Email: tony@martinezlawfl.com
Main: 305-777-3523
Direct: 305-796-8699
Skype: martinez_antonio
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s)
are confidential and privileged, pursuant to the American Bar Association
Formal Opinion No. 99-413, dated March 10, 1999. They are intended for the
sole use of the addressee. If you receive this transmission in error, you
are advised that any disclosure, copying, distribution, or the taking of any
action in reliance upon the communication is strictly prohibited. Moreover,
any such inadvertent disclosure shall not compromise or be a waiver of any
applicable privilege as to this communication or otherwise. If you have
received this communication in error, please contact the sender at
mailto:tony@martinezlawfl.com tony@martinezlawfl.com or by telephone at
(305) 796-8699. Thank you.
I have agree to with Harry on this one. L/T statutes are strickly construed (against the landlords at least), so as far as I know there is no substitute for certified mail of a security deposit notice. As far as charging the tenant for the certified mail, I also don't believe that is appropriate since it's an obligation imposed upon the landlord by statute and is not something that was caused by the tenant.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: "Heist, Weisse & Wolk" harry@evict.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, September 17, 2012 2:47 PM
Subject: Re: [RPPTL LandTen] Searching for case - Residential Eviction
I don’t have any cases but I have always seen a strict construction of the statute. I even tell my clients to send it out by certified mail even if the parties come to an agreement upon move out.
Some of my client's want to charge the former tenants for the certified mail as it is over $5 now. I advise against it.
Your thoughts?
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: http://www.evict.com/
Email: harry@evict.com
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.
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Antonio L Martinez
Sent: Monday, September 17, 2012 1:28 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Searching for case - Residential Eviction
Greetings group!
Does anyone have a case that states that notice of intent to claim deposit is still effective if received by tenant although not mailed certified mail-return receipt requested? Tenant received the letter via email and US mail. Responded and argued via writing with Landlord for over a month. Now Tenant has sued to get deposit back claiming notice was not proper.
Thanks,
Tony
Antonio L. Martinez, Esq.
Law Offices of Antonio L Martinez P.A.
9100 South Dadeland Blvd, Suite 1500
Miami, Florida 33156
Email: tony@martinezlawfl.com
Main: 305-777-3523
Direct: 305-796-8699
Skype: martinez_antonio
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged, pursuant to the American Bar Association Formal Opinion No. 99-413, dated March 10, 1999. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or be a waiver of any applicable privilege as to this communication or otherwise. If you have received this communication in error, please contact the sender at tony@martinezlawfl.com or by telephone at (305) 796-8699. Thank you.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Isn’t the intent of the statute to ensure that notice is delivered to the tenant and to prevent a he said/she said? If the notice was sent via email and regular mail, the language substantially complied with the form in the statute and the tenant replied by email to the notice, what is the tenant’s complaint?
Regards,
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240
Boca Raton, FL 33431
Phone: (561) 226-4628
Fax: (561) 994-6693
Web: www.horkylaw.com
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, September 17, 2012 2:55 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Searching for case - Residential Eviction
I have agree to with Harry on this one. L/T statutes are strickly construed (against the landlords at least), so as far as I know there is no substitute for certified mail of a security deposit notice. As far as charging the tenant for the certified mail, I also don't believe that is appropriate since it's an obligation imposed upon the landlord by statute and is not something that was caused by the tenant.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: "Heist, Weisse & Wolk" harry@evict.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, September 17, 2012 2:47 PM
Subject: Re: [RPPTL LandTen] Searching for case - Residential Eviction
I don’t have any cases but I have always seen a strict construction of the statute. I even tell my clients to send it out by certified mail even if the parties come to an agreement upon move out.
Some of my client's want to charge the former tenants for the certified mail as it is over $5 now. I advise against it.
Your thoughts?
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: http://www.evict.com/
Email: harry@evict.com
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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Antonio L Martinez
Sent: Monday, September 17, 2012 1:28 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Searching for case - Residential Eviction
Greetings group!
Does anyone have a case that states that notice of intent to claim deposit is still effective if received by tenant although not mailed certified mail-return receipt requested? Tenant received the letter via email and US mail. Responded and argued via writing with Landlord for over a month. Now Tenant has sued to get deposit back claiming notice was not proper.
Thanks,
Tony
Antonio L. Martinez, Esq.
Law Offices of Antonio L Martinez P.A.
9100 South Dadeland Blvd, Suite 1500
Miami, Florida 33156
Email: tony@martinezlawfl.com
Main: 305-777-3523
Direct: 305-796-8699
Skype: martinez_antonio
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged, pursuant to the American Bar Association Formal Opinion No. 99-413, dated March 10, 1999. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or be a waiver of any applicable privilege as to this communication or otherwise. If you have received this communication in error, please contact the sender at mailto:tony@martinezlawfl.com tony@martinezlawfl.com or by telephone at (305) 796-8699. Thank you.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
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I agree. Tenant has not claimed in their suit that they did not receive
the notice. Tenant is alleging that since it was not certified-return
receipt, Landlord has waived his right to claim it. Actually, Tenant and
his counsel had a letter writing tennis match with my client during the 30
days after they vacated over the deposit.
Thanks,
Tony
Antonio L. Martinez, Esq.
Law Offices of Antonio L Martinez P.A.
9100 South Dadeland Blvd, Suite 1500
Miami, Florida 33156
Email: tony@martinezlawfl.com
Main: 305-777-3523
Direct: 305-796-8699
Skype: martinez_antonio
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s)
are confidential and privileged, pursuant to the American Bar Association
Formal Opinion No. 99-413, dated March 10, 1999. They are intended for the
sole use of the addressee. If you receive this transmission in error, you
are advised that any disclosure, copying, distribution, or the taking of
any action in reliance upon the communication is strictly prohibited.
Moreover, any such inadvertent disclosure shall not compromise or be a
waiver of any applicable privilege as to this communication or otherwise.
If you have received this communication in error, please contact the sender
at tony@martinezlawfl.com or by telephone at (305) 796-8699. Thank you.
On Mon, Sep 17, 2012 at 3:35 PM, Anthony J. Horky ahorky@horkylaw.comwrote:
Isn’t the intent of the statute to ensure that notice is delivered to the
tenant and to prevent a he said/she said? If the notice was sent via email
and regular mail, the language substantially complied with the form in the
statute and the tenant replied by email to the notice, what is the tenant’s
complaint?****
Regards,****
Anthony J. Horky, Esquire****
Anthony J. Horky, P.A.
301 Yamato Road, Suite 1240****
Boca Raton, FL 33431****
Phone: (561) 226-4628****
Fax: (561) 994-6693****
Web: www.horkylaw.com****
This message and the documents attached to it, if any, are intended only
for the use of the addressee and may contain information that is
attorney-client privileged or confidential, and/or may contain attorney
work product. If you are not the intended recipient, you are hereby
notified that any dissemination of this communication is strictly
prohibited. If you have received this communication in error, please delete
all electronic copies of this message and its attachments, if any, destroy
any hard copies you may have created and notify me immediately at:
ahorky@horkylaw.com.****
-------------------------------------------------------****
Tax Advice Disclosure: To ensure compliance with requirements imposed by
the IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the
Internal Revenue Code or (2) promoting, marketing or recommending to
another party any matters addressed herein.****
From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, September 17, 2012 2:55 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Searching for case - Residential Eviction
**
I have agree to with Harry on this one. L/T statutes are strickly
construed (against the landlords at least), so as far as I know there is no
substitute for certified mail of a security deposit notice. As far as
charging the tenant for the certified mail, I also don't believe that is
appropriate since it's an obligation imposed upon the landlord by statute
and is not something that was caused by the tenant.****
Cary ****
Law Offices of Cary P. Sabol****
*P.O. Box 15981 | West Palm Beach | Florida | 33416 *****
Phone: (561) 281-2744* *
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. ****
Confidentiality Notice: This electronic mail transmission is intended
for the use of the individual or entity to which it is addressed and may
contain confidential information belonging to the sender which is protected
by the attorney-client privilege. If you are not the intended recipient,
you are hereby notified that any disclosure, copying, distribution, or the
taking of any action in reliance on the contents of this information is
strictly prohibited. If you have received this transmission in error,
please notify the sender immediately by e-mail and delete the original
message. Thank you for your cooperation.****
From: "Heist, Weisse & Wolk" harry@evict.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, September 17, 2012 2:47 PM
Subject: Re: [RPPTL LandTen] Searching for case - Residential Eviction**
**
I don’t have any cases but I have always seen a strict construction of
the statute. I even tell my clients to send it out by certified mail even
if the parties come to an agreement upon move out.****
Some of my client's want to charge the former tenants for the certified
mail as it is over $5 now. I advise against it.****
Your thoughts?****
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: http://www.evict.com/
Email: harry@evict.com****
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.****
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Antonio L
Martinez
Sent: Monday, September 17, 2012 1:28 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Searching for case - Residential Eviction**
Greetings group!****
Does anyone have a case that states that notice of intent to claim deposit
is still effective if received by tenant although not mailed certified
mail-return receipt requested? Tenant received the letter via email and US
mail. Responded and argued via writing with Landlord for over a month. Now
Tenant has sued to get deposit back claiming notice was not proper. ****
Thanks,****
Tony
Antonio L. Martinez, Esq.****
Law Offices of Antonio L Martinez P.A.****
9100 South Dadeland Blvd, Suite 1500****
Miami, Florida 33156****
Email: tony@martinezlawfl.com****
Main: 305-777-3523****
Direct: 305-796-8699 ****
Skype: martinez_antonio****
CONFIDENTIALITY NOTICE: This communication and any accompanying
document(s) are confidential and privileged, pursuant to the American Bar
Association Formal Opinion No. 99-413, dated March 10, 1999. They are
intended for the sole use of the addressee. If you receive this
transmission in error, you are advised that any disclosure, copying,
distribution, or the taking of any action in reliance upon the
communication is strictly prohibited. Moreover, any such inadvertent
disclosure shall not compromise or be a waiver of any applicable privilege
as to this communication or otherwise. If you have received this
communication in error, please contact the sender at
tony@martinezlawfl.com or by telephone at (305) 796-8699. Thank you.****
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten****
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