Empathy List Archives

HH

Harry Heist

Tue, Apr 28, 2015 3:39 PM

Landlord collects a $700 Security Deposit and a $700 Last Month’s rent (advance rent).

Last month of lease or when it goes month to month, tenant pays rent. ( they did not have to but did anyway) Tenant leaves on good terms giving proper notice.

So, Landlord now still has a $700 Security deposit AND a $700 Last Month’s rent.

Damages to the place are $1000.

 Can Landlord use part of the unused Last Month’s rent for the damages or must it be returned?

 If not, would a clause like this work “Tenant agrees that unused prepaid Last Month’s Rent, if any, may be applied to damages to the premises or money owed to the Landlord if such damages owed exceed the Security Deposit held by Landlord”

My view: I think this is fair and legal.

Why should a Landlord have to return some unused Last Month’s rent if the Tenant destroys the place and owes more than the security deposit? And if they agree to it even more so.

Statute:

(9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.

(11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally

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

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.

Landlord collects a $700 Security Deposit and a $700 Last Month’s rent (advance rent). Last month of lease or when it goes month to month, tenant pays rent. ( they did not have to but did anyway) Tenant leaves on good terms giving proper notice. So, Landlord now still has a $700 Security deposit AND a $700 Last Month’s rent. Damages to the place are $1000. 1. Can Landlord use part of the unused Last Month’s rent for the damages or must it be returned? 2. If not, would a clause like this work “Tenant agrees that unused prepaid Last Month’s Rent, if any, may be applied to damages to the premises or money owed to the Landlord if such damages owed exceed the Security Deposit held by Landlord” My view: I think this is fair and legal. Why should a Landlord have to return some unused Last Month’s rent if the Tenant destroys the place and owes more than the security deposit? And if they agree to it even more so. Statute: (9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period. (11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally 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 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.

JM

Jeff Mazor

Tue, Apr 28, 2015 7:56 PM

Without checking too far beyond a quick reading of Florida statute 83.49, I would think that you could not simply apply the advanced rent payment to damages without some additional language first.

I suggest something very simple, such as:

"... Any advanced rent paid, but not applied to rent shall be treated as additional security deposit."

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Email: JMazor@Mazor.com
Phone: 954-962-3500
Fax: 954-342-7703

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, April 28, 2015 11:39 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Weird issue we disagree on in my office

Landlord collects a $700 Security Deposit and a $700 Last Month’s rent (advance rent).

Last month of lease or when it goes month to month, tenant pays rent. ( they did not have to but did anyway) Tenant leaves on good terms giving proper notice.

So, Landlord now still has a $700 Security deposit AND a $700 Last Month’s rent.

Damages to the place are $1000.

 Can Landlord use part of the unused Last Month’s rent for the damages or must it be returned?

 If not, would a clause like this work “Tenant agrees that unused prepaid Last Month’s Rent, if any, may be applied to damages to the premises or money owed to the Landlord if such damages owed exceed the Security Deposit held by Landlord”

My view: I think this is fair and legal.

Why should a Landlord have to return some unused Last Month’s rent if the Tenant destroys the place and owes more than the security deposit? And if they agree to it even more so.

Statute:

(9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.

(11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally

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 mailto:harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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.

Without checking too far beyond a quick reading of Florida statute 83.49, I would think that you could not simply apply the advanced rent payment to damages without some additional language first. I suggest something very simple, such as: "... Any advanced rent paid, but not applied to rent shall be treated as additional security deposit." Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Email: JMazor@Mazor.com Phone: 954-962-3500 Fax: 954-342-7703 -----Original Message----- From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Tuesday, April 28, 2015 11:39 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Weird issue we disagree on in my office Landlord collects a $700 Security Deposit and a $700 Last Month’s rent (advance rent). Last month of lease or when it goes month to month, tenant pays rent. ( they did not have to but did anyway) Tenant leaves on good terms giving proper notice. So, Landlord now still has a $700 Security deposit AND a $700 Last Month’s rent. Damages to the place are $1000. 1. Can Landlord use part of the unused Last Month’s rent for the damages or must it be returned? 2. If not, would a clause like this work “Tenant agrees that unused prepaid Last Month’s Rent, if any, may be applied to damages to the premises or money owed to the Landlord if such damages owed exceed the Security Deposit held by Landlord” My view: I think this is fair and legal. Why should a Landlord have to return some unused Last Month’s rent if the Tenant destroys the place and owes more than the security deposit? And if they agree to it even more so. Statute: (9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period. (11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally 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 <mailto:harry@evict.com> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook 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.

EJ

Eric Jacobs

Tue, Apr 28, 2015 8:05 PM

IMHO (see below)

Eric Jacobs
ejacobs@nexterralaw.com mailto:eric@beloffparker.com
AV Rated
Board Certified - Real Estate
[cid:image002.png@01D081CD.840763E0]

Broward Office Miami-Dade Office
2001 Hollywood Boulevard, Suite 302 1691 Michigan Avenue, Suite 360
Hollywood, Florida 33020 Miami Beach, Florida 33139
(954) 929-0679 Telephone (305)673-1101 Telephone
(888) 632-4944 Facsimile (305)673-5505 Facsimile

Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Tuesday, April 28, 2015 3:57 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Weird issue we disagree on in my office

Without checking too far beyond a quick reading of Florida statute 83.49, I would think that you could not simply apply the advanced rent payment to damages without some additional language first.

I suggest something very simple, such as:

"... Any advanced rent paid, but not applied to rent shall be treated as additional security deposit."

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd., Suite 265-s
Hollywood, FL 33021
Email: JMazor@Mazor.com mailto:JMazor@Mazor.com
Phone: 954-962-3500
Fax: 954-342-7703

-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, April 28, 2015 11:39 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Weird issue we disagree on in my office

Landlord collects a $700 Security Deposit and a $700 Last Month’s rent (advance rent).

Last month of lease or when it goes month to month, tenant pays rent. ( they did not have to but did anyway) Tenant leaves on good terms giving proper notice.

So, Landlord now still has a $700 Security deposit AND a $700 Last Month’s rent.

Damages to the place are $1000.

Can Landlord use part of the unused Last Month’s rent for the damages or must it be returned? Not unless lease expressly provides that any deposit or advance rent can be used for same. It would be a rather odd construct though as the Tenant’s payment of last month would by definition be an error wouldn’t it?
If not, would a clause like this work “Tenant agrees that unused prepaid Last Month’s Rent, if any, may be applied to damages to the premises or money owed to the Landlord if such damages owed exceed the Security Deposit held by Landlord” I’m not sure where you are proposing this clause to appear but would prefer something like “Tenant agrees any advanced payments by Tenant may, at Landlord’s option, be used as an additional security deposit”

My view: I think this is fair and legal.

Why should a Landlord have to return some unused Last Month’s rent if the Tenant destroys the place and owes more than the security deposit? And if they agree to it even more so.

Statute:

(9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.

(11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally

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 http://www.evict.com/http://www.evict.com/%3e
Email: harry@evict.com mailto:harry@evict.com mailto:harry@evict.com mailto:harry@evict.com%3e

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870 https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870%3e

Visit us on Facebook

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.

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

Total Control Panel

Loginhttps://asp.reflexion.net/login?domain=nexterralaw.com

To: ejacobs@nexterralaw.com https://asp.reflexion.net/address-properties?aID=3051546939&domain=nexterralaw.com

From: ejacobs@beloffparker.com https://asp.reflexion.net/address-properties?aID=3051614694&domain=nexterralaw.com

Removehttps://asp.reflexion.net/FooterAction?ver=2&un-wl-sender-address=1&rID=3051546939&aID=3051614694&domain=nexterralaw.com this sender from my allow list

You received this message because the sender is on your allow list.

IMHO (see below) Eric Jacobs ejacobs@nexterralaw.com<mailto:eric@beloffparker.com> AV Rated Board Certified - Real Estate [cid:image002.png@01D081CD.840763E0] Broward Office Miami-Dade Office 2001 Hollywood Boulevard, Suite 302 1691 Michigan Avenue, Suite 360 Hollywood, Florida 33020 Miami Beach, Florida 33139 (954) 929-0679 Telephone (305)673-1101 Telephone (888) 632-4944 Facsimile (305)673-5505 Facsimile Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor Sent: Tuesday, April 28, 2015 3:57 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Weird issue we disagree on in my office Without checking too far beyond a quick reading of Florida statute 83.49, I would think that you could not simply apply the advanced rent payment to damages without some additional language first. I suggest something very simple, such as: "... Any advanced rent paid, but not applied to rent shall be treated as additional security deposit." Jeffrey R. Mazor, Esq. J. R. Mazor & Associates, P.A. Presidential Circle Building 4000 Hollywood Blvd., Suite 265-s Hollywood, FL 33021 Email: JMazor@Mazor.com<mailto:JMazor@Mazor.com> Phone: 954-962-3500 Fax: 954-342-7703 -----Original Message----- From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Tuesday, April 28, 2015 11:39 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Weird issue we disagree on in my office Landlord collects a $700 Security Deposit and a $700 Last Month’s rent (advance rent). Last month of lease or when it goes month to month, tenant pays rent. ( they did not have to but did anyway) Tenant leaves on good terms giving proper notice. So, Landlord now still has a $700 Security deposit AND a $700 Last Month’s rent. Damages to the place are $1000. 1. Can Landlord use part of the unused Last Month’s rent for the damages or must it be returned? Not unless lease expressly provides that any deposit or advance rent can be used for same. It would be a rather odd construct though as the Tenant’s payment of last month would by definition be an error wouldn’t it? 2. If not, would a clause like this work “Tenant agrees that unused prepaid Last Month’s Rent, if any, may be applied to damages to the premises or money owed to the Landlord if such damages owed exceed the Security Deposit held by Landlord” I’m not sure where you are proposing this clause to appear but would prefer something like “Tenant agrees any advanced payments by Tenant may, at Landlord’s option, be used as an additional security deposit” My view: I think this is fair and legal. Why should a Landlord have to return some unused Last Month’s rent if the Tenant destroys the place and owes more than the security deposit? And if they agree to it even more so. Statute: (9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period. (11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally 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> <http://www.evict.com/><http://www.evict.com/%3e> Email: harry@evict.com<mailto:harry@evict.com> <mailto:harry@evict.com><mailto:harry@evict.com%3e> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870><https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870%3e> Visit us on Facebook 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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten ________________________________ Total Control Panel Login<https://asp.reflexion.net/login?domain=nexterralaw.com> To: ejacobs@nexterralaw.com<https://asp.reflexion.net/address-properties?aID=3051546939&domain=nexterralaw.com> From: ejacobs@beloffparker.com<https://asp.reflexion.net/address-properties?aID=3051614694&domain=nexterralaw.com> Remove<https://asp.reflexion.net/FooterAction?ver=2&un-wl-sender-address=1&rID=3051546939&aID=3051614694&domain=nexterralaw.com> this sender from my allow list You received this message because the sender is on your allow list.

HH

Harry Heist

Tue, Apr 28, 2015 8:54 PM

Hi Eric,

Yes, I would place this in the lease. Often people pay a Last Month’ Rent but then pay the last month of the occupancy due to uncertainty and when it rolls over to month to month.

For example, they ask the landlord if they can stay longer, they do, they continue to pay the monthly rent, they pay, give notice to terminate the month to month on the 14th day of the month they are leaving and now the landlord is holding a last month’s rent. So no error on the tenant’s part. It actually is very common.

Thanks for your input!

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

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 Eric Jacobs
Sent: Tuesday, April 28, 2015 4:06 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Weird issue we disagree on in my office

IMHO (see below)

Eric Jacobs

mailto:eric@beloffparker.com ejacobs@nexterralaw.com

AV Rated

Board Certified - Real Estate

Broward Office Miami-Dade Office

2001 Hollywood Boulevard, Suite 302 1691 Michigan Avenue, Suite 360

Hollywood, Florida 33020 Miami Beach, Florida 33139

(954) 929-0679 Telephone (305)673-1101 Telephone

(888) 632-4944 Facsimile (305)673-5505 Facsimile

Landlord collects a $700 Security Deposit and a $700 Last Month’s rent (advance rent).

Last month of lease or when it goes month to month, tenant pays rent. ( they did not have to but did anyway) Tenant leaves on good terms giving proper notice.

So, Landlord now still has a $700 Security deposit AND a $700 Last Month’s rent.

Damages to the place are $1000.

Can Landlord use part of the unused Last Month’s rent for the damages or must it be returned? Not unless lease expressly provides that any deposit or advance rent can be used for same. It would be a rather odd construct though as the Tenant’s payment of last month would by definition be an error wouldn’t it?
If not, would a clause like this work “Tenant agrees that unused prepaid Last Month’s Rent, if any, may be applied to damages to the premises or money owed to the Landlord if such damages owed exceed the Security Deposit held by Landlord” I’m not sure where you are proposing this clause to appear but would prefer something like “Tenant agrees any advanced payments by Tenant may, at Landlord’s option, be used as an additional security deposit”

My view: I think this is fair and legal.

Why should a Landlord have to return some unused Last Month’s rent if the Tenant destroys the place and owes more than the security deposit? And if they agree to it even more so.

Statute:

(9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.

(11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally

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/ http://www.evict.com/%3e >
Email: harry@evict.com <mailto:harry@evict.com mailto:harry@evict.com%3e >

<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870 https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870%3e >

Visit us on Facebook

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.

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

Total Control Panel

Login https://asp.reflexion.net/login?domain=nexterralaw.com

To: ejacobs@nexterralaw.com https://asp.reflexion.net/address-properties?aID=3051546939&domain=nexterralaw.com

From: ejacobs@beloffparker.com https://asp.reflexion.net/address-properties?aID=3051614694&domain=nexterralaw.com

Remove https://asp.reflexion.net/FooterAction?ver=2&un-wl-sender-address=1&rID=3051546939&aID=3051614694&domain=nexterralaw.com this sender from my allow list

You received this message because the sender is on your allow list.

Hi Eric, Yes, I would place this in the lease. Often people pay a Last Month’ Rent but then pay the last month of the occupancy due to uncertainty and when it rolls over to month to month. For example, they ask the landlord if they can stay longer, they do, they continue to pay the monthly rent, they pay, give notice to terminate the month to month on the 14th day of the month they are leaving and now the landlord is holding a last month’s rent. So no error on the tenant’s part. It actually is very common. Thanks for your input! 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 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 Eric Jacobs Sent: Tuesday, April 28, 2015 4:06 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Weird issue we disagree on in my office IMHO (see below) Eric Jacobs <mailto:eric@beloffparker.com> ejacobs@nexterralaw.com AV Rated Board Certified - Real Estate Broward Office Miami-Dade Office 2001 Hollywood Boulevard, Suite 302 1691 Michigan Avenue, Suite 360 Hollywood, Florida 33020 Miami Beach, Florida 33139 (954) 929-0679 Telephone (305)673-1101 Telephone (888) 632-4944 Facsimile (305)673-5505 Facsimile Landlord collects a $700 Security Deposit and a $700 Last Month’s rent (advance rent). Last month of lease or when it goes month to month, tenant pays rent. ( they did not have to but did anyway) Tenant leaves on good terms giving proper notice. So, Landlord now still has a $700 Security deposit AND a $700 Last Month’s rent. Damages to the place are $1000. 1. Can Landlord use part of the unused Last Month’s rent for the damages or must it be returned? Not unless lease expressly provides that any deposit or advance rent can be used for same. It would be a rather odd construct though as the Tenant’s payment of last month would by definition be an error wouldn’t it? 2. If not, would a clause like this work “Tenant agrees that unused prepaid Last Month’s Rent, if any, may be applied to damages to the premises or money owed to the Landlord if such damages owed exceed the Security Deposit held by Landlord” I’m not sure where you are proposing this clause to appear but would prefer something like “Tenant agrees any advanced payments by Tenant may, at Landlord’s option, be used as an additional security deposit” My view: I think this is fair and legal. Why should a Landlord have to return some unused Last Month’s rent if the Tenant destroys the place and owes more than the security deposit? And if they agree to it even more so. Statute: (9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period. (11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally 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/ <http://www.evict.com/%3e> > Email: harry@evict.com <mailto:harry@evict.com <mailto:harry@evict.com%3e> > <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870%3e> > Visit us on Facebook 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. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten _____ Total Control Panel Login <https://asp.reflexion.net/login?domain=nexterralaw.com> To: ejacobs@nexterralaw.com <https://asp.reflexion.net/address-properties?aID=3051546939&domain=nexterralaw.com> From: ejacobs@beloffparker.com <https://asp.reflexion.net/address-properties?aID=3051614694&domain=nexterralaw.com> Remove <https://asp.reflexion.net/FooterAction?ver=2&un-wl-sender-address=1&rID=3051546939&aID=3051614694&domain=nexterralaw.com> this sender from my allow list You received this message because the sender is on your allow list.