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

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 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>

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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

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
<image002.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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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
<image003.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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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.

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.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
<image002.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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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.

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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.

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

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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

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
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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

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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

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
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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.

<image003.png>

landten mailing list
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have
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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
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or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any
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to collect a debt from you.

David,

I agree with you that Section 83.49(3)(a) says "Upon vacating the premises for termination of the lease...", which would make your point 100% correct.
However, 83.49(5) states: "...any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease... shall give at least 7 days' written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it..", which implies that upon vacating prior to termination the Landlord still has to give notice (under 83.49(3)(a)) unless Tenant fails to give the 7 days notice of vacating.
Right?

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.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.

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.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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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.

How can you do this Dennis? It would be acceleration.

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

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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Saturday, April 26, 2014 2:33 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

I think that the claim on deposit would be for the entire remaining lease
period.  LL is not filing an action at that time, merely stating the basis
for their claim against the security deposit which includes any amounts you
feel you are entitled to.  The tenant can refute the claim and file an
action if they like.  LL then counterclaims for the unpaid rent owed at the
time of filing and claim each subsequent month.  By the time you get to
trial or mediation two months would have elapsed.

Dennis

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:  (407) 392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
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On Fri, Apr 25, 2014 at 4:41 PM, Harry Heist harry@evict.com wrote:

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 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website:  http://www.evict.com/ www.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 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
"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 tel:%28352%29%20383-4186

Facsimile: (352) 383-0087 tel:%28352%29%20383-0087

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

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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
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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 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
"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 tel:%28561%29%20281-2744

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.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 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
"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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other U.S. Federal taxing authority or agency or (ii) promoting, marketing
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Dennis,

The claim needs to be legitimate and within the 30 day timeframe. Who will
eventually owe who what really does not matter in my opinion. It would be
like saying that someone owes me $3000 on a note but they only owe $1000
right now. If I tried to charge them $3000 right now, I may be violating the
state collections laws or if a debt collector, the FDCPA. The fact that by
the time a lawsuit is filed the $3000 is owed really has no relevance. This
is almost akin to saying that the Three Day Notice on the eviction is
accurate now and OK because rent has accrued when maybe it was overstated at
the time it was served.  I am not sure I follow this.

It is a really tough question!!  Dave Weisse, one of my partners feels the
answer lies in the wording (a)  Upon the vacating of the premises for
termination of the lease, if the landlord does not intend to impose a claim
on the security deposit, the landlord shall have 15 days to return the
security deposit together with interest if otherwise required, or the
landlord shall have 30 days "

He feels simply that the notice does not have to go out as the lease is not
terminated !!! BUT.. We also have the new 2014 disclosure that contradicts
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:  www.evict.com http://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 Dennis Chen
Sent: Sunday, April 27, 2014 3:28 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

The claim letter is just that, a statement setting forth the basis of their
claim against the security deposit.  The tenant has the right to dispute the
claim letter and can file an action to dispute the LL's claim.  If LL waits
until the 30th day to issue the letter and on June 14th claims rent for June
and July, then the Tnt can dispute the claim.  If the Tnt files a small
claims action on the 15th, they are not likely to have the appearance until
late July.  LL can then file a counterclaim after July 1st  for two months,
June and July.  I don't think the letter is acceleration, it is merely
stating the basis of the claim against the security deposit.  I believe that
the LL is okay as long as the amount they are suing for is ripe at the time
that the counterclaim is filed.

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:  (407) 392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

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On Sun, Apr 27, 2014 at 9:55 AM, Harry Heist harry@evict.com wrote:

How can you do this Dennis? It would be acceleration.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.

PH: 1 800 253 8428 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Saturday, April 26, 2014 2:33 PM

To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

I think that the claim on deposit would be for the entire remaining lease
period.  LL is not filing an action at that time, merely stating the basis
for their claim against the security deposit which includes any amounts you
feel you are entitled to.  The tenant can refute the claim and file an
action if they like.  LL then counterclaims for the unpaid rent owed at the
time of filing and claim each subsequent month.  By the time you get to
trial or mediation two months would have elapsed.

Dennis

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:  (407) 392-1872 tel:%28407%29%20392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

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On Fri, Apr 25, 2014 at 4:41 PM, Harry Heist harry@evict.com wrote:

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

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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

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FAX: 1 800 367 9038 tel:1%20800%20367%209038
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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 tel:%28352%29%20383-4186

Facsimile: (352) 383-0087 tel:%28352%29%20383-0087

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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 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

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FAX: 1 800 367 9038 tel:1%20800%20367%209038
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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

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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 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
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Website:  http://www.evict.com/ www.evict.com
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Here is an interesting Circuit Court case from "Florida Bad Law Weakly"

Harry

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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Sunday, April 27, 2014 3:50 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

I agree with you but there is a catch 22 and I would take the course of
action I outlined with a disclosure to my client of the risks associated
with it.

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:  (407) 392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

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On Sun, Apr 27, 2014 at 3:41 PM, Harry Heist harry@evict.com wrote:

Dennis,

The claim needs to be legitimate and within the 30 day timeframe. Who will
eventually owe who what really does not matter in my opinion. It would be
like saying that someone owes me $3000 on a note but they only owe $1000
right now. If I tried to charge them $3000 right now, I may be violating the
state collections laws or if a debt collector, the FDCPA. The fact that by
the time a lawsuit is filed the $3000 is owed really has no relevance. This
is almost akin to saying that the Three Day Notice on the eviction is
accurate now and OK because rent has accrued when maybe it was overstated at
the time it was served.  I am not sure I follow this.

It is a really tough question!!  Dave Weisse, one of my partners feels the
answer lies in the wording (a)  Upon the vacating of the premises for
termination of the lease, if the landlord does not intend to impose a claim
on the security deposit, the landlord shall have 15 days to return the
security deposit together with interest if otherwise required, or the
landlord shall have 30 days "

He feels simply that the notice does not have to go out as the lease is not
terminated !!! BUT.. We also have the new 2014 disclosure that contradicts
this.

Harry

LAW OFFICES OF
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Sunday, April 27, 2014 3:28 PM

To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

The claim letter is just that, a statement setting forth the basis of their
claim against the security deposit.  The tenant has the right to dispute the
claim letter and can file an action to dispute the LL's claim.  If LL waits
until the 30th day to issue the letter and on June 14th claims rent for June
and July, then the Tnt can dispute the claim.  If the Tnt files a small
claims action on the 15th, they are not likely to have the appearance until
late July.  LL can then file a counterclaim after July 1st  for two months,
June and July.  I don't think the letter is acceleration, it is merely
stating the basis of the claim against the security deposit.  I believe that
the LL is okay as long as the amount they are suing for is ripe at the time
that the counterclaim is filed.

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:  (407) 392-1872 tel:%28407%29%20392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

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On Sun, Apr 27, 2014 at 9:55 AM, Harry Heist harry@evict.com wrote:

How can you do this Dennis? It would be acceleration.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.

PH: 1 800 253 8428 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Saturday, April 26, 2014 2:33 PM

To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposit conundrum

I think that the claim on deposit would be for the entire remaining lease
period.  LL is not filing an action at that time, merely stating the basis
for their claim against the security deposit which includes any amounts you
feel you are entitled to.  The tenant can refute the claim and file an
action if they like.  LL then counterclaims for the unpaid rent owed at the
time of filing and claim each subsequent month.  By the time you get to
trial or mediation two months would have elapsed.

Dennis

Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:  (407) 392-1872 tel:%28407%29%20392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

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On Fri, Apr 25, 2014 at 4:41 PM, Harry Heist harry@evict.com wrote:

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 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
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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

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HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
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Website:  http://www.evict.com/ www.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 tel:%28352%29%20383-4186

Facsimile: (352) 383-0087 tel:%28352%29%20383-0087

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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 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

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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

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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.
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FAX: 1 800 367 9038 tel:1%20800%20367%209038
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Website:  http://www.evict.com/ www.evict.com
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