Empathy List Archives

SF

Scott Frank

Wed, Jun 7, 2017 7:15 PM

Question for my residential colleagues:

If tenant signs Agreement to Enter into a Lease, and then changes his mind
before signing the actual lease, is he entitled to return of the deposit?
The standard form seems to say no, but I am just wondering if anyone has any
insight.

Thanks.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

5301 N. Federal Highway, Suite 170

Boca Raton, FL 33487

p: (561) 826-5400

f: (561) 423-5721

mailto:sfrank@saflaw.com sfrank@saflaw.com

If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

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.

Question for my residential colleagues: If tenant signs Agreement to Enter into a Lease, and then changes his mind before signing the actual lease, is he entitled to return of the deposit? The standard form seems to say no, but I am just wondering if anyone has any insight. Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 5301 N. Federal Highway, Suite 170 Boca Raton, FL 33487 p: (561) 826-5400 f: (561) 423-5721 <mailto:sfrank@saflaw.com> sfrank@saflaw.com If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. 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.

MD

Mike Davis

Thu, Jun 8, 2017 1:49 PM

A lease, like any contract, is binding on full execution and delivery to both parties. No execution, no contract.

I believe that you cannot "forfeit" a security deposit in Florida.

Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.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. This e-mail and its attachments are confidential and intended to be protected by the attorney-client privilege and/or work product doctrine. Any use inconsistent with these protections, including unauthorized forwarding to third parties, is strictly prohibited.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott Frank
Sent: Wednesday, June 07, 2017 3:15 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Agreement to Enter Into a Lease

Question for my residential colleagues:

If tenant signs Agreement to Enter into a Lease, and then changes his mind before signing the actual lease, is he entitled to return of the deposit? The standard form seems to say no, but I am just wondering if anyone has any insight.

Thanks.

Scott A. Frank
Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
sfrank@saflaw.com mailto:sfrank@saflaw.com

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

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 lease, like any contract, is binding on full execution and delivery to both parties. No execution, no contract. I believe that you cannot "forfeit" a security deposit in Florida. Michael Geo. F. Davis Attorney at Law The MGFD Law Firm PA Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 mike@mgfdlaw.com Primary Eservice: eservice@mgfdlaw.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. This e-mail and its attachments are confidential and intended to be protected by the attorney-client privilege and/or work product doctrine. Any use inconsistent with these protections, including unauthorized forwarding to third parties, is strictly prohibited. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott Frank Sent: Wednesday, June 07, 2017 3:15 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Agreement to Enter Into a Lease Question for my residential colleagues: If tenant signs Agreement to Enter into a Lease, and then changes his mind before signing the actual lease, is he entitled to return of the deposit? The standard form seems to say no, but I am just wondering if anyone has any insight. Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 5301 N. Federal Highway, Suite 170 Boca Raton, FL 33487 p: (561) 826-5400 f: (561) 423-5721 sfrank@saflaw.com<mailto:sfrank@saflaw.com> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. 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.

HH

Harry Heist

Thu, Jun 8, 2017 2:59 PM

The Equity decision governs this.

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

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 Mike Davis
Sent: Thursday, June 08, 2017 9:50 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Agreement to Enter Into a Lease

A lease, like any contract, is binding on full execution and delivery to
both parties. No execution, no contract.

I believe that you cannot "forfeit" a security deposit in Florida.

Michael Geo. F. Davis

Attorney at Law

The MGFD Law Firm PA

Countryside Colonial Center

2753 SR 580, Suite 209

Clearwater, FL 33761-3351

P 727-726-1900

F 727-726-7440

mike@mgfdlaw.com

Primary Eservice: eservice@mgfdlaw.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. This e-mail and its attachments are
confidential and intended to be protected by the attorney-client privilege
and/or work product doctrine. Any use inconsistent with these protections,
including unauthorized forwarding to third parties, is strictly prohibited.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott Frank
Sent: Wednesday, June 07, 2017 3:15 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Agreement to Enter Into a Lease

Question for my residential colleagues:

If tenant signs Agreement to Enter into a Lease, and then changes his mind
before signing the actual lease, is he entitled to return of the deposit?
The standard form seems to say no, but I am just wondering if anyone has any
insight.

Thanks.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

5301 N. Federal Highway, Suite 170

Boca Raton, FL 33487

p: (561) 826-5400

f: (561) 423-5721

mailto:sfrank@saflaw.com sfrank@saflaw.com

If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

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.

The Equity decision governs this. 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 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 Mike Davis Sent: Thursday, June 08, 2017 9:50 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Agreement to Enter Into a Lease A lease, like any contract, is binding on full execution and delivery to both parties. No execution, no contract. I believe that you cannot "forfeit" a security deposit in Florida. Michael Geo. F. Davis Attorney at Law The MGFD Law Firm PA Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 mike@mgfdlaw.com Primary Eservice: eservice@mgfdlaw.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. This e-mail and its attachments are confidential and intended to be protected by the attorney-client privilege and/or work product doctrine. Any use inconsistent with these protections, including unauthorized forwarding to third parties, is strictly prohibited. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Scott Frank Sent: Wednesday, June 07, 2017 3:15 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Agreement to Enter Into a Lease Question for my residential colleagues: If tenant signs Agreement to Enter into a Lease, and then changes his mind before signing the actual lease, is he entitled to return of the deposit? The standard form seems to say no, but I am just wondering if anyone has any insight. Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 5301 N. Federal Highway, Suite 170 Boca Raton, FL 33487 p: (561) 826-5400 f: (561) 423-5721 <mailto:sfrank@saflaw.com> sfrank@saflaw.com If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. 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.