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Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Security Deposit conundrum

LG
Lloyd Granet
Fri, Apr 25, 2014 8:52 PM

The disclosure in the statute says the notice is keyed to “move out” not termination or breach.  Pasted below

(d) Contain the following disclosure:
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, April 25, 2014 4:42 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Security Deposit conundrum

So you are saying the 30 days does not begin running at all if a tenant breaches the lease?

If that is the case, why does the statute talk about the tenant giving 7 days written notice and a forwarding address?

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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Friday, April 25, 2014 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

Harry

The 30 days is the notice period at the end of the lease. The lease is not ended just because the tenant defaults. This is a situation of a mid lease default. The first paragraph of the statute says that the Landlord holds the money in a separate account, until he is entitled to it. Upon a rent default, he is entitled to it. The tenant is still obligated for rent under the balance of the lease. The last month can be applied the next month or vice versa.

David Weisman

Sent from my iPad

On Apr 25, 2014, at 3:17 PM, "Harry Heist" <harry@evict.commailto:harry@evict.com> wrote:
Yes, tenant gave 7 day’s notice and a forwarding.

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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joe Alexander
Sent: Friday, April 25, 2014 3:55 PM
To: RPPTL Landlord Tenant Committee; 'Cary Sabol'
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

Couldn’t you just do the Notice (within the 30 days), indicating that you intend to apply the SD to July rent if the Landlord is unable to secure a replacement tenant? You may not have to actually incur the damages within the 30 days, you just have to give the Notice within 30 days.
Also, look at 83.49(5). Did the Tenant give at least 7 days notice (cert mail), prior to vacating? If not, then you really don’t have to worry about the Notice dates, just whether you are actually entitled.

Thank you,

Joseph N. Alexander
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: (352) 383-4186
Facsimile: (352) 383-0087
Email: jalexander@pcba-law.commailto:jalexander@pcba-law.com

This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential.  If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system.  Part of our practice involves debt collection, therefore this may be an attempt to collect a debt and any information obtained may be used for that purpose. Thank you.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org]mailto:[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, April 25, 2014 3:38 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

How can you do this when only one month is due within the 30 days?

By the time July rolls around, you are outside the 30 days.

Leonard?

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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, April 25, 2014 3:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

I concur, although I might apply the last month's rent towards the June rent and security deposit towards the remainder of lost rent assuming the landlord is unable to lease the premises prior to July 1.  I think either method of applying the funds is the same more or less.

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.

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On Friday, April 25, 2014 3:14 PM, David Weisman <David.Weisman@gmlaw.commailto:David.Weisman@gmlaw.com> wrote:
Isn't the purpose of a security deposit to stand for a tenants default?  We all think about the end of lease procedures, but I think you send a notice of default and notice that the security deposit is being applied to June rent. Wait until it is due. Then make demand for restoration of the deposit and in July apply the last month.

David Weisman

Sent from my iPad

On Apr 25, 2014, at 2:03 PM, "Harry Heist" <harry@evict.commailto:harry@evict.com> wrote:
Scenario:

Residential tenancy
Rent: $500 a  month
Landlord holds $500 security deposit and $500 last month’s rent
Tenant gives notice and a forwarding address and vacates on May 15, 5 months before lease is up.  Rent is paid for May.
Landlord has 30 days to make claim on deposit.
Unit is still vacant
How does landlord claim both months he is holding as in the 30 day period , the most the tenant will owe is June rent?
On June 1, tenant will owe June’s rent but how does landlord keep the last month’s rent he is holding?

Alternative scenario: Landlord does not hold last month’s rent but holds a $1000 security deposit.

?????????????????

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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
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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.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it

cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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.

The disclosure in the statute says the notice is keyed to “move out” not termination or breach. Pasted below (d) Contain the following disclosure: YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. This email message was sent by: _______________________________ Lloyd Granet 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@granetlaw.com<mailto:lgranet@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@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, April 25, 2014 4:42 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Security Deposit conundrum So you are saying the 30 days does not begin running at all if a tenant breaches the lease? If that is the case, why does the statute talk about the tenant giving 7 days written notice and a forwarding address? 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<mailto:harry@evict.com> [cid:image001.png@01CF60A6.B6A666F0]<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. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Friday, April 25, 2014 4:34 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Security Deposit conundrum Harry The 30 days is the notice period at the end of the lease. The lease is not ended just because the tenant defaults. This is a situation of a mid lease default. The first paragraph of the statute says that the Landlord holds the money in a separate account, until he is entitled to it. Upon a rent default, he is entitled to it. The tenant is still obligated for rent under the balance of the lease. The last month can be applied the next month or vice versa. David Weisman Sent from my iPad On Apr 25, 2014, at 3:17 PM, "Harry Heist" <harry@evict.com<mailto:harry@evict.com>> wrote: Yes, tenant gave 7 day’s notice and a forwarding. 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<mailto:harry@evict.com> <image002.png><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. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joe Alexander Sent: Friday, April 25, 2014 3:55 PM To: RPPTL Landlord Tenant Committee; 'Cary Sabol' Subject: Re: [RPPTL LandTen] Security Deposit conundrum Couldn’t you just do the Notice (within the 30 days), indicating that you intend to apply the SD to July rent if the Landlord is unable to secure a replacement tenant? You may not have to actually incur the damages within the 30 days, you just have to give the Notice within 30 days. Also, look at 83.49(5). Did the Tenant give at least 7 days notice (cert mail), prior to vacating? If not, then you really don’t have to worry about the Notice dates, just whether you are actually entitled. Thank you, Joseph N. Alexander POTTER CLEMENT BERGHOLTZ ALEXANDER 308 East Fifth Avenue Mount Dora, Florida 32757 Phone: (352) 383-4186 Facsimile: (352) 383-0087 Email: jalexander@pcba-law.com<mailto:jalexander@pcba-law.com> This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system. Part of our practice involves debt collection, therefore this may be an attempt to collect a debt and any information obtained may be used for that purpose. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org]<mailto:[mailto:landten-bounces@lists.flabarrpptl.org]> On Behalf Of Harry Heist Sent: Friday, April 25, 2014 3:38 PM To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Security Deposit conundrum How can you do this when only one month is due within the 30 days? By the time July rolls around, you are outside the 30 days. Leonard? 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<mailto:harry@evict.com> <image003.png><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. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Friday, April 25, 2014 3:24 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Security Deposit conundrum I concur, although I might apply the last month's rent towards the June rent and security deposit towards the remainder of lost rent assuming the landlord is unable to lease the premises prior to July 1. I think either method of applying the funds is the same more or less. 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. On Friday, April 25, 2014 3:14 PM, David Weisman <David.Weisman@gmlaw.com<mailto:David.Weisman@gmlaw.com>> wrote: Isn't the purpose of a security deposit to stand for a tenants default? We all think about the end of lease procedures, but I think you send a notice of default and notice that the security deposit is being applied to June rent. Wait until it is due. Then make demand for restoration of the deposit and in July apply the last month. David Weisman Sent from my iPad On Apr 25, 2014, at 2:03 PM, "Harry Heist" <harry@evict.com<mailto:harry@evict.com>> wrote: Scenario: Residential tenancy Rent: $500 a month Landlord holds $500 security deposit and $500 last month’s rent Tenant gives notice and a forwarding address and vacates on May 15, 5 months before lease is up. Rent is paid for May. Landlord has 30 days to make claim on deposit. Unit is still vacant How does landlord claim both months he is holding as in the 30 day period , the most the tenant will owe is June rent? On June 1, tenant will owe June’s rent but how does landlord keep the last month’s rent he is holding? Alternative scenario: Landlord does not hold last month’s rent but holds a $1000 security deposit. ????????????????? 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<mailto:harry@evict.com> <image002.png><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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten 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. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 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. <image003.png> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten 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. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 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.
HH
Harry Heist
Fri, Apr 25, 2014 9:00 PM

AHA!!

I was going to drop that bomb soon but Lloyd beat me to it. The new law!

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/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Friday, April 25, 2014 4:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Security Deposit conundrum

The disclosure in the statute says the notice is keyed to “move out” not termination or breach.  Pasted below

(d) Contain the following disclosure:

YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.

This email message was sent by:


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Email: lgranet@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@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, April 25, 2014 4:42 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Security Deposit conundrum

So you are saying the 30 days does not begin running at all if a tenant breaches the lease?

If that is the case, why does the statute talk about the tenant giving 7 days written notice and a forwarding address?

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/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Friday, April 25, 2014 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

Harry

The 30 days is the notice period at the end of the lease. The lease is not ended just because the tenant defaults. This is a situation of a mid lease default. The first paragraph of the statute says that the Landlord holds the money in a separate account, until he is entitled to it. Upon a rent default, he is entitled to it. The tenant is still obligated for rent under the balance of the lease. The last month can be applied the next month or vice versa.

David Weisman

Sent from my iPad

On Apr 25, 2014, at 3:17 PM, "Harry Heist" harry@evict.com wrote:

Yes, tenant gave 7 day’s notice and a forwarding.

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/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joe Alexander
Sent: Friday, April 25, 2014 3:55 PM
To: RPPTL Landlord Tenant Committee; 'Cary Sabol'
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

Couldn’t you just do the Notice (within the 30 days), indicating that you intend to apply the SD to July rent if the Landlord is unable to secure a replacement tenant? You may not have to actually incur the damages within the 30 days, you just have to give the Notice within 30 days.

Also, look at 83.49(5). Did the Tenant give at least 7 days notice (cert mail), prior to vacating? If not, then you really don’t have to worry about the Notice dates, just whether you are actually entitled.

Thank you,

Joseph N. Alexander

POTTER CLEMENT BERGHOLTZ ALEXANDER

308 East Fifth Avenue

Mount Dora, Florida 32757

Phone: (352) 383-4186

Facsimile: (352) 383-0087

Email:  mailto:jalexander@pcba-law.com jalexander@pcba-law.com

This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential.  If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system.  Part of our practice involves debt collection, therefore this may be an attempt to collect a debt and any information obtained may be used for that purpose. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, April 25, 2014 3:38 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

How can you do this when only one month is due within the 30 days?

By the time July rolls around, you are outside the 30 days.

Leonard?

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/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, April 25, 2014 3:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

I concur, although I might apply the last month's rent towards the June rent and security deposit towards the remainder of lost rent assuming the landlord is unable to lease the premises prior to July 1.  I think either method of applying the funds is the same more or less.

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.

On Friday, April 25, 2014 3:14 PM, David Weisman David.Weisman@gmlaw.com wrote:

Isn't the purpose of a security deposit to stand for a tenants default?  We all think about the end of lease procedures, but I think you send a notice of default and notice that the security deposit is being applied to June rent. Wait until it is due. Then make demand for restoration of the deposit and in July apply the last month.

David Weisman

Sent from my iPad

On Apr 25, 2014, at 2:03 PM, "Harry Heist" harry@evict.com wrote:

Scenario:

Residential tenancy

Rent: $500 a  month

Landlord holds $500 security deposit and $500 last month’s rent

Tenant gives notice and a forwarding address and vacates on May 15, 5 months before lease is up.  Rent is paid for May.

Landlord has 30 days to make claim on deposit.

Unit is still vacant

How does landlord claim both months he is holding as in the 30 day period , the most the tenant will owe is June rent?

On June 1, tenant will owe June’s rent but how does landlord keep the last month’s rent he is holding?

Alternative scenario: Landlord does not hold last month’s rent but holds a $1000 security deposit.

?????????????????

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/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

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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.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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.

AHA!! I was going to drop that bomb soon but Lloyd beat me to it. The new law! 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/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet Sent: Friday, April 25, 2014 4:52 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Security Deposit conundrum The disclosure in the statute says the notice is keyed to “move out” not termination or breach. Pasted below (d) Contain the following disclosure: YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. This email message was sent by: _______________________________ Lloyd Granet 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@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@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, April 25, 2014 4:42 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Security Deposit conundrum So you are saying the 30 days does not begin running at all if a tenant breaches the lease? If that is the case, why does the statute talk about the tenant giving 7 days written notice and a forwarding address? 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/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Friday, April 25, 2014 4:34 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Security Deposit conundrum Harry The 30 days is the notice period at the end of the lease. The lease is not ended just because the tenant defaults. This is a situation of a mid lease default. The first paragraph of the statute says that the Landlord holds the money in a separate account, until he is entitled to it. Upon a rent default, he is entitled to it. The tenant is still obligated for rent under the balance of the lease. The last month can be applied the next month or vice versa. David Weisman Sent from my iPad On Apr 25, 2014, at 3:17 PM, "Harry Heist" <harry@evict.com> wrote: Yes, tenant gave 7 day’s notice and a forwarding. 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/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> <image002.png> 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joe Alexander Sent: Friday, April 25, 2014 3:55 PM To: RPPTL Landlord Tenant Committee; 'Cary Sabol' Subject: Re: [RPPTL LandTen] Security Deposit conundrum Couldn’t you just do the Notice (within the 30 days), indicating that you intend to apply the SD to July rent if the Landlord is unable to secure a replacement tenant? You may not have to actually incur the damages within the 30 days, you just have to give the Notice within 30 days. Also, look at 83.49(5). Did the Tenant give at least 7 days notice (cert mail), prior to vacating? If not, then you really don’t have to worry about the Notice dates, just whether you are actually entitled. Thank you, Joseph N. Alexander POTTER CLEMENT BERGHOLTZ ALEXANDER 308 East Fifth Avenue Mount Dora, Florida 32757 Phone: (352) 383-4186 Facsimile: (352) 383-0087 Email: <mailto:jalexander@pcba-law.com> jalexander@pcba-law.com This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system. Part of our practice involves debt collection, therefore this may be an attempt to collect a debt and any information obtained may be used for that purpose. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, April 25, 2014 3:38 PM To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Security Deposit conundrum How can you do this when only one month is due within the 30 days? By the time July rolls around, you are outside the 30 days. Leonard? 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/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> <image003.png> 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Friday, April 25, 2014 3:24 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Security Deposit conundrum I concur, although I might apply the last month's rent towards the June rent and security deposit towards the remainder of lost rent assuming the landlord is unable to lease the premises prior to July 1. I think either method of applying the funds is the same more or less. 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. On Friday, April 25, 2014 3:14 PM, David Weisman <David.Weisman@gmlaw.com> wrote: Isn't the purpose of a security deposit to stand for a tenants default? We all think about the end of lease procedures, but I think you send a notice of default and notice that the security deposit is being applied to June rent. Wait until it is due. Then make demand for restoration of the deposit and in July apply the last month. David Weisman Sent from my iPad On Apr 25, 2014, at 2:03 PM, "Harry Heist" <harry@evict.com> wrote: Scenario: Residential tenancy Rent: $500 a month Landlord holds $500 security deposit and $500 last month’s rent Tenant gives notice and a forwarding address and vacates on May 15, 5 months before lease is up. Rent is paid for May. Landlord has 30 days to make claim on deposit. Unit is still vacant How does landlord claim both months he is holding as in the 30 day period , the most the tenant will owe is June rent? On June 1, tenant will owe June’s rent but how does landlord keep the last month’s rent he is holding? Alternative scenario: Landlord does not hold last month’s rent but holds a $1000 security deposit. ????????????????? 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/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> <image002.png> 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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten 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. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 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. <image003.png> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten 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. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 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.
CS
Cary Sabol
Fri, Apr 25, 2014 9:51 PM

Harry,

Are you testing the listserv to see how up to date we are on the L/T statute?

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.
On Friday, April 25, 2014 5:00 PM, Harry Heist harry@evict.com wrote:

AHA!!
 
I was going to drop that bomb soon but Lloyd beat me to it. The new law!
 
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@evict.com

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.
 
 
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Friday, April 25, 2014 4:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Security Deposit conundrum
 
The disclosure in the statute says the notice is keyed to “move out” not termination or breach.  Pasted below
 
(d) Contain the following disclosure:
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.
 
 
 
 
 
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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@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, April 25, 2014 4:42 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Security Deposit conundrum
 
So you are saying the 30 days does not begin running at all if a tenant breaches the lease?
 
If that is the case, why does the statute talk about the tenant giving 7 days written notice and a forwarding address?
 
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@evict.com

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.
 
 
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Friday, April 25, 2014 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum
 
Harry
 
The 30 days is the notice period at the end of the lease. The lease is not ended just because the tenant defaults. This is a situation of a mid lease default. The first paragraph of the statute says that the Landlord holds the money in a separate account, until he is entitled to it. Upon a rent default, he is entitled to it. The tenant is still obligated for rent under the balance of the lease. The last month can be applied the next month or vice versa. 

David Weisman
 
Sent from my iPad

On Apr 25, 2014, at 3:17 PM, "Harry Heist" harry@evict.com wrote:
Yes, tenant gave 7 day’s notice and a forwarding.

 
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@evict.com
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From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joe Alexander
Sent: Friday, April 25, 2014 3:55 PM
To: RPPTL Landlord Tenant Committee; 'Cary Sabol'
Subject: Re: [RPPTL LandTen] Security Deposit conundrum
 
Couldn’t you just do the Notice (within the 30 days), indicating that you intend to apply the SD to July rent if the Landlord is unable to secure a replacement tenant? You may not have to actually incur the damages within the 30 days, you just have to give the Notice within 30 days.
Also, look at 83.49(5). Did the Tenant give at least 7 days notice (cert mail), prior to vacating? If not, then you really don’t have to worry about the Notice dates, just whether you are actually entitled.
 
Thank you,
 
 
Joseph N. Alexander
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: (352) 383-4186
Facsimile: (352) 383-0087
Email: jalexander@pcba-law.com
 
This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential.  If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system.  Part of our practice involves debt collection, therefore this may be an attempt to collect a debt and any information obtained may be used for that purpose. Thank you.
 
 
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, April 25, 2014 3:38 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Security Deposit conundrum
 
How can you do this when only one month is due within the 30 days?
 
By the time July rolls around, you are outside the 30 days.
 
Leonard?
 
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@evict.com
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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.
 
 
From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Friday, April 25, 2014 3:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum
 
 I concur, although I might apply the last month's rent towards the June rent and security deposit towards the remainder of lost rent assuming the landlord is unable to lease the premises prior to July 1.  I think either method of applying the funds is the same more or less.
 
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.
On Friday, April 25, 2014 3:14 PM, David Weisman David.Weisman@gmlaw.com wrote:
Isn't the purpose of a security deposit to stand for a tenants default?  We all think about the end of lease procedures, but I think you send a notice of default and notice that the security deposit is being applied to June rent. Wait until it is due. Then make demand for restoration of the deposit and in July apply the last month. 

David Weisman
 
Sent from my iPad

On Apr 25, 2014, at 2:03 PM, "Harry Heist" harry@evict.com wrote:
Scenario:
 
Residential tenancy
Rent: $500 a  month
Landlord holds $500 security deposit and $500 last month’s rent
Tenant gives notice and a forwarding address and vacates on May 15, 5 months before lease is up.  Rent is paid for May.
Landlord has 30 days to make claim on deposit.
Unit is still vacant
How does landlord claim both months he is holding as in the 30 day period , the most the tenant will owe is June rent?
On June 1, tenant will owe June’s rent but how does landlord keep the last month’s rent he is holding?
 
Alternative scenario: Landlord does not hold last month’s rent but holds a $1000 security deposit.
 
?????????????????
 
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@evict.com
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Visit us on Facebook   
 
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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.
 
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
 
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Harry, Are you testing the listserv to see how up to date we are on the L/T statute? 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. On Friday, April 25, 2014 5:00 PM, Harry Heist <harry@evict.com> wrote: AHA!!   I was going to drop that bomb soon but Lloyd beat me to it. The new law!   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@evict.com 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.     From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet Sent: Friday, April 25, 2014 4:52 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Security Deposit conundrum   The disclosure in the statute says the notice is keyed to “move out” not termination or breach.  Pasted below   (d) Contain the following disclosure: YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.           This email message was sent by: _______________________________ Lloyd Granet 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@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@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, April 25, 2014 4:42 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Security Deposit conundrum   So you are saying the 30 days does not begin running at all if a tenant breaches the lease?   If that is the case, why does the statute talk about the tenant giving 7 days written notice and a forwarding address?   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@evict.com 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.     From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Friday, April 25, 2014 4:34 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Security Deposit conundrum   Harry   The 30 days is the notice period at the end of the lease. The lease is not ended just because the tenant defaults. This is a situation of a mid lease default. The first paragraph of the statute says that the Landlord holds the money in a separate account, until he is entitled to it. Upon a rent default, he is entitled to it. The tenant is still obligated for rent under the balance of the lease. The last month can be applied the next month or vice versa.  David Weisman   Sent from my iPad On Apr 25, 2014, at 3:17 PM, "Harry Heist" <harry@evict.com> wrote: Yes, tenant gave 7 day’s notice and a forwarding. >  >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@evict.com ><image002.png> >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. >  >  >From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Joe Alexander >Sent: Friday, April 25, 2014 3:55 PM >To: RPPTL Landlord Tenant Committee; 'Cary Sabol' >Subject: Re: [RPPTL LandTen] Security Deposit conundrum >  >Couldn’t you just do the Notice (within the 30 days), indicating that you intend to apply the SD to July rent if the Landlord is unable to secure a replacement tenant? You may not have to actually incur the damages within the 30 days, you just have to give the Notice within 30 days. >Also, look at 83.49(5). Did the Tenant give at least 7 days notice (cert mail), prior to vacating? If not, then you really don’t have to worry about the Notice dates, just whether you are actually entitled. >  >Thank you, >  >  >Joseph N. Alexander >POTTER CLEMENT BERGHOLTZ ALEXANDER >308 East Fifth Avenue >Mount Dora, Florida 32757 >Phone: (352) 383-4186 >Facsimile: (352) 383-0087 >Email: jalexander@pcba-law.com >  >This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential.  If the reader of the message is not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this e-mail in error, please notify us immediately by replying to this e-mail message or by telephone and delete this message and any attachments from your system.  Part of our practice involves debt collection, therefore this may be an attempt to collect a debt and any information obtained may be used for that purpose. Thank you. >  >  >From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist >Sent: Friday, April 25, 2014 3:38 PM >To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee' >Subject: Re: [RPPTL LandTen] Security Deposit conundrum >  >How can you do this when only one month is due within the 30 days? >  >By the time July rolls around, you are outside the 30 days. >  >Leonard? >  >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@evict.com ><image003.png> >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. >  >  >From:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol >Sent: Friday, April 25, 2014 3:24 PM >To: RPPTL Landlord Tenant Committee >Subject: Re: [RPPTL LandTen] Security Deposit conundrum >  > I concur, although I might apply the last month's rent towards the June rent and security deposit towards the remainder of lost rent assuming the landlord is unable to lease the premises prior to July 1.  I think either method of applying the funds is the same more or less. >  >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. >On Friday, April 25, 2014 3:14 PM, David Weisman <David.Weisman@gmlaw.com> wrote: >Isn't the purpose of a security deposit to stand for a tenants default?  We all think about the end of lease procedures, but I think you send a notice of default and notice that the security deposit is being applied to June rent. Wait until it is due. Then make demand for restoration of the deposit and in July apply the last month.  > > >David Weisman >  >Sent from my iPad > >On Apr 25, 2014, at 2:03 PM, "Harry Heist" <harry@evict.com> wrote: >Scenario: >  >Residential tenancy >Rent: $500 a  month >Landlord holds $500 security deposit and $500 last month’s rent >Tenant gives notice and a forwarding address and vacates on May 15, 5 months before lease is up.  Rent is paid for May. >Landlord has 30 days to make claim on deposit. >Unit is still vacant >How does landlord claim both months he is holding as in the 30 day period , the most the tenant will owe is June rent? >On June 1, tenant will owe June’s rent but how does landlord keep the last month’s rent he is holding? >  >Alternative scenario: Landlord does not hold last month’s rent but holds a $1000 security deposit. >  >????????????????? >  >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@evict.com ><image002.png> >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. >  >  >_______________________________________________ >>landten mailing list >>landten@lists.flabarrpptl.org >>http://mailman.fsr.com/mailman/listinfo/landten >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. >  >Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it >cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. >  >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. >  ><image003.png> >_______________________________________________ >landten mailing list >landten@lists.flabarrpptl.org >http://mailman.fsr.com/mailman/listinfo/landten >  _______________________________________________ >landten mailing list >landten@lists.flabarrpptl.org >http://mailman.fsr.com/mailman/listinfo/landten 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.   Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.   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.   _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten