There will not be a Committee meeting this week as previously indicated
at our last meeting.

We intend to schedule a Committee meeting in late March or early April
and will provide information in advance.

There will also be a Committee meeting held in conjunction with the
RPPTL Section Executive Council meeting May 21-22. Details to be
provided in advance of that meeting.

Neil Shoter
Committee Vice Chair

Neil B. Shoter
Partner

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com  | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | Website
http://www.shutts.com/

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.

The information in this email transmission is privileged
and confidential.  If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited.  If you have
received this email in error, please notify the sender by
email reply.  Thank you.

Please pardon my interruption into your days, but a colleague asked me
what should be a simple question that I (not surprisingly) could not
answer.  So I was hoping one of you could.

My colleague seems to recall a case where the residential landlord
retained the security deposit as compensation for unpaid rent that
remained outstanding.  Apparently, the court found that the landlord
could not use the deposit for this purpose unless the lease itself
specifically authorizes such use (i.e., lists non-payment of rent as a
cause for retaining the security deposit as opposed to damage to the
property).

Can anyone point me in the right direction?

Thanks.

Scott A. Frank
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com http://www.arnstein.com/

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.833.9800
Fax: 561.655.5551

433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323
Phone: 561.322.6900
Fax: 561.322.6940
SAFrank@arnstein.com mailto:SAFrank@arnstein.com

Offices in Illinois, Florida, and Wisconsin

This electronic mail transmission may contain confidential or privileged information.  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.