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RPPTL Real Estate Leasing Committee

[RPPTL LandTen] Retaliation

Anthony J. Horky

Tue, Dec 6, 2011 10:07 PM

Does a residential tenant have a right to be present for a post term walk
through inspection in Broward County, Florida? I vaguely recall an
administrative/municipal rule on this but cannot locate it or recall the
jurisdiction. Any thoughts?

Thank you.

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Email: ajhorky.law@gmail.com

This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: ajhorky.law@gmail.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.

All: I had a residential tenant call me today whose lease term will expire at the end of the month. He does not have a good relationship with a property manager who was recently hired because of common area maintenance complaints he made to the owner. He wants to be present for the walk through inspection as he fears retaliation that will result in damage to the apartment and/or an unfounded claim on his security deposit. However, the manager refuses to allow him to be present for the final walk through. Does a residential tenant have a right to be present for a post term walk through inspection in Broward County, Florida? I vaguely recall an administrative/municipal rule on this but cannot locate it or recall the jurisdiction. Any thoughts? Thank you. Anthony J. Horky, Esquire Anthony J. Horky, P.A. 301 Yamato Road, Suite 1240 Boca Raton, Florida 33431 Telephone: (561) 226-4628 Facsimile: (561) 994-6693 Email: ajhorky.law@gmail.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ajhorky.law@gmail.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Brian Wolk

Tue, Dec 6, 2011 10:18 PM

Anthony,

Below is a portion of the Broward County Ordinance.

There are criminal penalties.

BROWARD COUNTY ORDINANCE

javascript:void(0) Sec. 20-193. - Short title.

This article shall be known and may be cited as the Landlord-Tenant
Walkthrough Inspection Ordinance.

javascript:void(0) Sec. 20-194. - Purpose and intent.

The purpose of this article is to eliminate or minimize disputes and
injustices in the residential landlord-tenant relationship, in connection
with claims for damages imposed against security deposits. This article is
intended to supplement the duties of landlords and tenants prescribed in §
83.49, F.S. part of the Florida Residential Landlord and Tenant Act.

javascript:void(0) Sec. 20-197. - Prohibition.

It shall be unlawful and a violation of this article, for any landlord,
either by himself or through an agent, to accept from a tenant or
prospective tenant any deposit money held as damage deposit, in connection
with any transaction within the application of this article, unless such
landlord, or agent of such landlord, shall first have:

(1) Conducted, in company with the tenant, prospective tenant or agent, a
walkthrough inspection of the entire rental premises; and

                                     (2)   Made a written list, in

duplicate, of damage or defects existing in

                    or on the premises; and

                    

                    (3)   Signed and dated each duplicate list, obtained

the signature of the tenant,

                    prospective tenant or agent, on such duplicate list,

and delivered one of the

                    duplicate lists to the tenant, prospective tenant,

or agent.

javascript:void(0) Sec. 20-198. - Penalty.

Violation of this division shall be prosecuted in the same manner as
misdemeanors are prosecuted. Such violations shall be prosecuted in the name
of the state in a court having jurisdiction of misdemeanors by the
prosecuting attorney thereof, and upon conviction shall be punished by a
fine not to exceed five hundred dollars ($500.00) or by imprisonment in the
county jail not to exceed sixty (60) days or by both such fine and
imprisonment.

Brian Wolk

LAW OFFICES OF
HEIST, WEISSE, DAVIS & 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: brian@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 Anthony J. Horky
Sent: Tuesday, December 06, 2011 5:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Retaliation

Thank you.

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Email: ajhorky.law@gmail.com

Anthony, Below is a portion of the Broward County Ordinance. There are criminal penalties. BROWARD COUNTY ORDINANCE <javascript:void(0)> Sec. 20-193. - Short title. This article shall be known and may be cited as the Landlord-Tenant Walkthrough Inspection Ordinance. <javascript:void(0)> Sec. 20-194. - Purpose and intent. The purpose of this article is to eliminate or minimize disputes and injustices in the residential landlord-tenant relationship, in connection with claims for damages imposed against security deposits. This article is intended to supplement the duties of landlords and tenants prescribed in § 83.49, F.S. part of the Florida Residential Landlord and Tenant Act. <javascript:void(0)> Sec. 20-197. - Prohibition. It shall be unlawful and a violation of this article, for any landlord, either by himself or through an agent, to accept from a tenant or prospective tenant any deposit money held as damage deposit, in connection with any transaction within the application of this article, unless such landlord, or agent of such landlord, shall first have: (1) Conducted, in company with the tenant, prospective tenant or agent, a walkthrough inspection of the entire rental premises; and (2) Made a written list, in duplicate, of damage or defects existing in or on the premises; and (3) Signed and dated each duplicate list, obtained the signature of the tenant, prospective tenant or agent, on such duplicate list, and delivered one of the duplicate lists to the tenant, prospective tenant, or agent. <javascript:void(0)> Sec. 20-198. - Penalty. Violation of this division shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof, and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. Brian Wolk LAW OFFICES OF HEIST, WEISSE, DAVIS & 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: brian@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 Anthony J. Horky Sent: Tuesday, December 06, 2011 5:08 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Retaliation All: I had a residential tenant call me today whose lease term will expire at the end of the month. He does not have a good relationship with a property manager who was recently hired because of common area maintenance complaints he made to the owner. He wants to be present for the walk through inspection as he fears retaliation that will result in damage to the apartment and/or an unfounded claim on his security deposit. However, the manager refuses to allow him to be present for the final walk through. Does a residential tenant have a right to be present for a post term walk through inspection in Broward County, Florida? I vaguely recall an administrative/municipal rule on this but cannot locate it or recall the jurisdiction. Any thoughts? Thank you. Anthony J. Horky, Esquire Anthony J. Horky, P.A. 301 Yamato Road, Suite 1240 Boca Raton, Florida 33431 Telephone: (561) 226-4628 Facsimile: (561) 994-6693 Email: ajhorky.law@gmail.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ajhorky.law@gmail.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.