[RPPTL LandTen] Security Deposit Issue
Landlord and 2 Tenants enter into a standard 12 month Lease with 1 security
deposit. At the end of the 12 months 1 tenant moves out but the other stays
on in a month-to-month tenancy.3 months later, the 2nd tenant under the
lease moves out.Landlord send notice to both tenants of intent to impose
claim after the 2nd tenant moves out...
-
Since there is only 1 security deposit pursuant to the Lease, does
the Landlord's obligation to provide notice of intent to impose a claim
delayed until the latter of all tenants under the original lease move;
-
If Tenants (both) file objection to the Notice (the 1st on the
basis of untimeliness, the 2nd based on objecting to the damage claim), who
is responsible for the institution of a suit to resolve? Must a Landlord
file the suit or can he wait for the tenant(s) to file...and for how long
does he have to hold the money if LL is not obligated to file suit.
Seems like an everyday occurrence, but thought I'd confirm the consensus of
the group.
Thanx.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net
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THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY
I like using these forms to prevent these issues.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
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FAX: 1 800 367 9038
"Serving the Property Management Professional"
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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 lesstevens
Sent: Monday, February 23, 2015 5:59 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Security Deposit Issue
Landlord and 2 Tenants enter into a standard 12 month Lease with 1 security
deposit. At the end of the 12 months 1 tenant moves out but the other stays
on in a month-to-month tenancy.3 months later, the 2nd tenant under the
lease moves out.Landlord send notice to both tenants of intent to impose
claim after the 2nd tenant moves out...
-
Since there is only 1 security deposit pursuant to the Lease, does
the Landlord's obligation to provide notice of intent to impose a claim
delayed until the latter of all tenants under the original lease move;
-
If Tenants (both) file objection to the Notice (the 1st on the basis
of untimeliness, the 2nd based on objecting to the damage claim), who is
responsible for the institution of a suit to resolve? Must a Landlord file
the suit or can he wait for the tenant(s) to file...and for how long does he
have to hold the money if LL is not obligated to file suit.
Seems like an everyday occurrence, but thought I'd confirm the consensus of
the group.
Thanx.
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net
OUR OFFICE NO LONGER ACCEPTS CASHIER'S OR BANK CHECKS AT CLOSING. ALL FUNDS
MUST BE RECEIVED IN THE FORM OF A SAME DAY WIRE TRANSFER ONLY (NO ACH
TRANSFERS).
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY
