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RPPTL Real Estate Leasing Committee

Re: [RPPTL LandTen] Security Deposit Question

Alberto Cardet

Mon, Apr 20, 2009 10:34 PM

Attached is a case published in the Florida Law Weekly Supplement, it is the 11th Circuit in it's appellate capacity relying on the statute's definition of "Security Deposit" to determine that a security deposit can be used for unpaid rent that remains outstanding, absent language in the lease to the contrary.

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)

On Apr 20, 2009, SAFrank@arnstein.com wrote:

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 colleagueseems to recall a casewheretheresidential landlord retained thesecurity deposit as compensation for unpaid rent that remained outstanding. Apparently, the court found that the landlord could not usethedeposit for this purposeunless thelease itself specifically authorizes such use (i.e., lists non-payment of rent as a causefor retaining thesecurity deposit as opposed to damageto the property).

Can anyone point me in the right direction?

Thanks.

Scott A. Frank Attorney at Law
ARNSTEIN & LEHR LLP

www.arnstein.com

515 North Flagler Drive

Sixth Floor

West Palm Beach, Florida 33401-4323

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

Offices in Illinois, Florida, and Wisconsin

Phone: 561.833.9800
      
This electronic mail transmission may contain confidential or privileged information. If you believethat you havereceived this messagein error, pleasenotify thesender by reply transmission and deletethemessage without copying or disclosing it. Pursuantto Internal RevenueServiceguidance, beadvised that any federal tax advicecontained in this written or electronic communication, including any attachments or enclosures, is not intended or written to beused and it cannot beused by any person or entity for thepurpose of (i) avoiding any tax penalties that may beimposed by theInternal RevenueServiceor any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. <hr size="1"></hr> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

Arthur J. Menor

Tue, Apr 21, 2009 8:16 PM

Scott, this case would appear to answer the question you posed.

Alberto, thanks for your prompt and helpful response.

This is a great example of the List Serve working well!

From: landten-bounces@lists.flabarrpptl.org

[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto
Cardet
Sent: Monday, April 20, 2009 6:34 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Security Deposit Question

Attached is a case published in the Florida Law Weekly

Supplement, it is the 11th Circuit in it's appellate capacity relying on
the statute's definition of "Security Deposit" to determine that a
security deposit can be used for unpaid rent that remains outstanding,
absent language in the lease to the contrary.

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)




On Apr 20, 2009, SAFrank@arnstein.com wrote:

	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 colleagueseems to recall a casewheretheresidential

landlord retained thesecurity deposit as compensation for unpaid rent
that remained outstanding. Apparently, the court found that the
landlord could not usethedeposit for this purposeunless thelease itself
specifically authorizes such use (i.e., lists non-payment of rent as a
causefor retaining thesecurity deposit as opposed to damageto 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
	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
	Phone: 561.833.9800 
	 
	      
	This electronic mail transmission may contain

confidential or privileged information. If you believethat you
havereceived this messagein error, pleasenotify thesender by reply
transmission and deletethemessage without copying or disclosing it.
Pursuantto Internal RevenueServiceguidance, beadvised that any federal
tax advicecontained in this written or electronic communication,
including any attachments or enclosures, is not intended or written to
beused and it cannot beused by any person or entity for thepurpose of
(i) avoiding any tax penalties that may beimposed by theInternal
RevenueServiceor any other U.S. Federal taxing authority or agency or
(ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.

	_______________________________________________
	landten mailing list
	landten@lists.flabarrpptl.org
	http://mailman.fsr.com/mailman/listinfo/landten

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Scott, this case would appear to answer the question you posed. Alberto, thanks for your prompt and helpful response. This is a great example of the List Serve working well! ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto Cardet Sent: Monday, April 20, 2009 6:34 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL LandTen] Security Deposit Question Attached is a case published in the Florida Law Weekly Supplement, it is the 11th Circuit in it's appellate capacity relying on the statute's definition of "Security Deposit" to determine that a security deposit can be used for unpaid rent that remains outstanding, absent language in the lease to the contrary. Alberto M. Cardet, P.A. 1330 Coral Way #301 Miami FL 33145 305-403-7783 305-403-7824 (fax) On Apr 20, 2009, SAFrank@arnstein.com wrote: 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 colleagueseems to recall a casewheretheresidential landlord retained thesecurity deposit as compensation for unpaid rent that remained outstanding. Apparently, the court found that the landlord could not usethedeposit for this purposeunless thelease itself specifically authorizes such use (i.e., lists non-payment of rent as a causefor retaining thesecurity deposit as opposed to damageto 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 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 Phone: 561.833.9800 This electronic mail transmission may contain confidential or privileged information. If you believethat you havereceived this messagein error, pleasenotify thesender by reply transmission and deletethemessage without copying or disclosing it. Pursuantto Internal RevenueServiceguidance, beadvised that any federal tax advicecontained in this written or electronic communication, including any attachments or enclosures, is not intended or written to beused and it cannot beused by any person or entity for thepurpose of (i) avoiding any tax penalties that may beimposed by theInternal RevenueServiceor any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ________________________________ _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten 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.