Empathy List Archives

AJ

Anthony J. Horky

Fri, Jan 25, 2013 12:02 AM

Members: My client is a landlord/owner of a single-family home in Broward
County, FL, who wants me to prepare a 2 year lease. One of the terms they
want is a non-refundable cleaning charge that will be deducted from the
security deposit at the end of the lease term. Does anyone have an opinion
whether any part of that provision would be unenforceable? Thank you.

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

One Boca Place New Address!

2255 Glades Road, Suite 324A

Boca Raton, FL 33431

Phone: (561) 989-3206

Fax: (561) 989-3204

Web: http://www.horkylaw.com www.horkylaw.com

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

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

Members: My client is a landlord/owner of a single-family home in Broward County, FL, who wants me to prepare a 2 year lease. One of the terms they want is a non-refundable cleaning charge that will be deducted from the security deposit at the end of the lease term. Does anyone have an opinion whether any part of that provision would be unenforceable? Thank you. Regards, Anthony J. Horky, Esquire Anthony J. Horky, P.A. One Boca Place New Address! 2255 Glades Road, Suite 324A Boca Raton, FL 33431 Phone: (561) 989-3206 Fax: (561) 989-3204 Web: <http://www.horkylaw.com> www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

AF

Andrew F. Garofalo

Fri, Jan 25, 2013 12:23 AM

Parties should be able to contract freely on that issue, so it should be
enforceable. I would collect it as an additional separate deposit though,
separate from the security deposit.

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

andrew@garofalolaw.net

Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/

The information in this communication (including any attachments) is
privileged and confidential. If you are not the intended recipient, nor the
employee or agent responsible for delivering it to the intended recipient,
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have received this communication in error, please notify the sender. Thank
you.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, January 24, 2013 7:02 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Non-refundable cleaning deposit in residential
tenancy - enforceable?

Members: My client is a landlord/owner of a single-family home in Broward
County, FL, who wants me to prepare a 2 year lease. One of the terms they
want is a non-refundable cleaning charge that will be deducted from the
security deposit at the end of the lease term. Does anyone have an opinion
whether any part of that provision would be unenforceable? Thank you.

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

One Boca Place New Address!

2255 Glades Road, Suite 324A

Boca Raton, FL 33431

Phone: (561) 989-3206

Fax: (561) 989-3204

Web: www.horkylaw.com

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

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

Parties should be able to contract freely on that issue, so it should be enforceable. I would collect it as an additional separate deposit though, separate from the security deposit. Andrew F. Garofalo Attorney at Law | Board Certified in Real Estate Law andrew@garofalolaw.net Garofalo Law Office P.A. 7401 Wiles Road, Suite 319 | Coral Springs, FL 33067 T: (888) 658-8686 | F: (888) 658-7360 www.garofalolaw.net <http://www.garofalolaw.net/> The information in this communication (including any attachments) 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 communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Thursday, January 24, 2013 7:02 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Non-refundable cleaning deposit in residential tenancy - enforceable? Members: My client is a landlord/owner of a single-family home in Broward County, FL, who wants me to prepare a 2 year lease. One of the terms they want is a non-refundable cleaning charge that will be deducted from the security deposit at the end of the lease term. Does anyone have an opinion whether any part of that provision would be unenforceable? Thank you. Regards, Anthony J. Horky, Esquire Anthony J. Horky, P.A. One Boca Place New Address! 2255 Glades Road, Suite 324A Boca Raton, FL 33431 Phone: (561) 989-3206 Fax: (561) 989-3204 Web: www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

MF

Manuel Farach

Fri, Jan 25, 2013 12:39 AM

I like Andrew’s idea. Another alternative is to have the lease say that $X is due at lease end for cleaning and tenant has the option of bringing certified funds or taking it out security deposit.

[http://www.richmangreer.com/emailsig/logo.gif]

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach@richmangreer.com
www.RichmanGreer.com http://www.RichmanGreer.com

[http://www.richmangreer.com/emailsig/meritas.gif]

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message..

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew F. Garofalo
Sent: Thursday, January 24, 2013 7:23 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Non-refundable cleaning deposit in residential tenancy - enforceable?

Parties should be able to contract freely on that issue, so it should be enforceable. I would collect it as an additional separate deposit though, separate from the security deposit.

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
andrew@garofalolaw.net mailto:andrew@garofalolaw.net

Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/

The information in this communication (including any attachments) 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 communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, January 24, 2013 7:02 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Non-refundable cleaning deposit in residential tenancy - enforceable?

Members: My client is a landlord/owner of a single-family home in Broward County, FL, who wants me to prepare a 2 year lease. One of the terms they want is a non-refundable cleaning charge that will be deducted from the security deposit at the end of the lease term. Does anyone have an opinion whether any part of that provision would be unenforceable? Thank you.

Regards,

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
One Boca Place New Address!
2255 Glades Road, Suite 324A
Boca Raton, FL 33431
Phone: (561) 989-3206
Fax: (561) 989-3204
Web: www.horkylaw.com http://www.horkylaw.com

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

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

I like Andrew’s idea. Another alternative is to have the lease say that $X is due at lease end for cleaning and tenant has the option of bringing certified funds or taking it out security deposit. ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew F. Garofalo Sent: Thursday, January 24, 2013 7:23 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Non-refundable cleaning deposit in residential tenancy - enforceable? Parties should be able to contract freely on that issue, so it should be enforceable. I would collect it as an additional separate deposit though, separate from the security deposit. Andrew F. Garofalo Attorney at Law | Board Certified in Real Estate Law andrew@garofalolaw.net<mailto:andrew@garofalolaw.net> Garofalo Law Office P.A. 7401 Wiles Road, Suite 319 | Coral Springs, FL 33067 T: (888) 658-8686 | F: (888) 658-7360 www.garofalolaw.net<http://www.garofalolaw.net/> The information in this communication (including any attachments) 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 communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Thursday, January 24, 2013 7:02 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Non-refundable cleaning deposit in residential tenancy - enforceable? Members: My client is a landlord/owner of a single-family home in Broward County, FL, who wants me to prepare a 2 year lease. One of the terms they want is a non-refundable cleaning charge that will be deducted from the security deposit at the end of the lease term. Does anyone have an opinion whether any part of that provision would be unenforceable? Thank you. Regards, Anthony J. Horky, Esquire Anthony J. Horky, P.A. One Boca Place New Address! 2255 Glades Road, Suite 324A Boca Raton, FL 33431 Phone: (561) 989-3206 Fax: (561) 989-3204 Web: www.horkylaw.com<http://www.horkylaw.com> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

HW

Heist, Weisse & Wolk

Fri, Jan 25, 2013 1:01 AM

Anyone have any views on Late Charges in the residential setting?

At what point do they become unconscionable?

Has anyone successfully litigated the usury argument?

Late charges, especially per diem ones drive me nuts especially with the Three Day Notice Catch 22. You put an amount on the Three Day. If you say "Plus XXX per day", it becomes invalid. They come in with the amount on the Three Day, you have to accept but Late Charges have now accumulated.

Now what?

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

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.

Anyone have any views on Late Charges in the residential setting? At what point do they become unconscionable? Has anyone successfully litigated the usury argument? Late charges, especially per diem ones drive me nuts especially with the Three Day Notice Catch 22. You put an amount on the Three Day. If you say "Plus XXX per day", it becomes invalid. They come in with the amount on the Three Day, you have to accept but Late Charges have now accumulated. Now what? 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 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.

LJ

Lainie J. Simon

Fri, Jan 25, 2013 3:47 AM

I would charge it at the inception of the Lease, as an advanced cleaning/admin charge. Keep it separate, but don't make it part of the security deposit, b/c the statute doesn't contemplate that usage.
On Jan 24, 2013, at 7:02 PM, Anthony J. Horky wrote:

Members: My client is a landlord/owner of a single-family home in Broward County, FL, who wants me to prepare a 2 year lease. One of the terms they want is a non-refundable cleaning charge that will be deducted from the security deposit at the end of the lease term. Does anyone have an opinion whether any part of that provision would be unenforceable? Thank you.

Regards,

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
One Boca Place New Address!
2255 Glades Road, Suite 324A
Boca Raton, FL 33431
Phone: (561) 989-3206
Fax: (561) 989-3204
Web: www.horkylaw.com

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

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

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

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

I would charge it at the inception of the Lease, as an advanced cleaning/admin charge. Keep it separate, but don't make it part of the security deposit, b/c the statute doesn't contemplate that usage. On Jan 24, 2013, at 7:02 PM, Anthony J. Horky wrote: > Members: My client is a landlord/owner of a single-family home in Broward County, FL, who wants me to prepare a 2 year lease. One of the terms they want is a non-refundable cleaning charge that will be deducted from the security deposit at the end of the lease term. Does anyone have an opinion whether any part of that provision would be unenforceable? Thank you. > > Regards, > > Anthony J. Horky, Esquire > Anthony J. Horky, P.A. > One Boca Place New Address! > 2255 Glades Road, Suite 324A > Boca Raton, FL 33431 > Phone: (561) 989-3206 > Fax: (561) 989-3204 > Web: www.horkylaw.com > > This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com. > ------------------------------------------------------- > Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten Lainie J. Simon, Esq. 185 NW Spanish River Boulevard Suite 220 Boca Raton, FL 33431 561.445.1361 561.997.6224(fax) PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use. Ê

CS

Cary Sabol

Fri, Jan 25, 2013 3:08 PM

I have litigated that issue where the Lease provided for a non-refundable cleaning fee to be deducted from the Security Deposit. Even though the tenant argued the house was left in good and clean condition, the judge did allow for the cleaning fee to be deducted from the Security Deposit. But with the caveat, of course, that this was just a county court dispute and what one judge might rule on any given day has no relevance to what might happen in another case, even with the same judge.

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach,
Florida 33416
Phone: (561) 281-2744

On Jan 24, 2013, at 7:02 PM, "Anthony J. Horky" ahorky@horkylaw.com wrote:

Members: My client is a landlord/owner of a single-family home in Broward County, FL, who wants me to prepare a 2 year lease. One of the terms they want is a non-refundable cleaning charge that will be deducted from the security deposit at the end of the lease term. Does anyone have an opinion whether any part of that provision would be unenforceable? Thank you.

Regards,

Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
One Boca Place New Address!
2255 Glades Road, Suite 324A
Boca Raton, FL 33431
Phone: (561) 989-3206
Fax: (561) 989-3204
Web: www.horkylaw.com

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

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

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

I have litigated that issue where the Lease provided for a non-refundable cleaning fee to be deducted from the Security Deposit. Even though the tenant argued the house was left in good and clean condition, the judge did allow for the cleaning fee to be deducted from the Security Deposit. But with the caveat, of course, that this was just a county court dispute and what one judge might rule on any given day has no relevance to what might happen in another case, even with the same judge. Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 On Jan 24, 2013, at 7:02 PM, "Anthony J. Horky" <ahorky@horkylaw.com> wrote: > Members: My client is a landlord/owner of a single-family home in Broward County, FL, who wants me to prepare a 2 year lease. One of the terms they want is a non-refundable cleaning charge that will be deducted from the security deposit at the end of the lease term. Does anyone have an opinion whether any part of that provision would be unenforceable? Thank you. > > Regards, > > Anthony J. Horky, Esquire > Anthony J. Horky, P.A. > One Boca Place New Address! > 2255 Glades Road, Suite 324A > Boca Raton, FL 33431 > Phone: (561) 989-3206 > Fax: (561) 989-3204 > Web: www.horkylaw.com > > This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com. > ------------------------------------------------------- > Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

GB

Gael Beriro

Fri, Jan 25, 2013 3:48 PM

I have previously handled it as Andrew suggested without issue.

Gaёl Beriro

Gaёl Beriro, P.A.

205 Worth Avenue

Suite 307 I

Palm Beach, FL 33480

Tel: 561.835.4611

Fax: 928.833.4611

www.berirolaw.com

CONFIDENTIALITY NOTICE:
This message is intended only for the individual or entity to which it is
addressed and may contain information that is privileged, confidential and
exempt from disclosure under applicable law. If you are not the intended
recipient, you are hereby notified that any dissemination, distribution or
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to please notify us immediately by telephone, and return the original
message to us at the above address.

CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS
regulations, we are required to advise you that, unless expressly stated
otherwise, any U.S. federal tax advice contained in this transmittal, is not
intended or written to be used, and cannot be used, by any person for the
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, January 24, 2013 7:02 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Non-refundable cleaning deposit in
residentialtenancy - enforceable?

Members: My client is a landlord/owner of a single-family home in Broward
County, FL, who wants me to prepare a 2 year lease. One of the terms they
want is a non-refundable cleaning charge that will be deducted from the
security deposit at the end of the lease term. Does anyone have an opinion
whether any part of that provision would be unenforceable? Thank you.

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

One Boca Place New Address!

2255 Glades Road, Suite 324A

Boca Raton, FL 33431

Phone: (561) 989-3206

Fax: (561) 989-3204

Web: www.horkylaw.com

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

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

I have previously handled it as Andrew suggested without issue. Gaёl Beriro Gaёl Beriro, P.A. 205 Worth Avenue Suite 307 I Palm Beach, FL 33480 Tel: 561.835.4611 Fax: 928.833.4611 www.berirolaw.com CONFIDENTIALITY NOTICE: This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, and you are requested to please notify us immediately by telephone, and return the original message to us at the above address. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky Sent: Thursday, January 24, 2013 7:02 PM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Non-refundable cleaning deposit in residentialtenancy - enforceable? Members: My client is a landlord/owner of a single-family home in Broward County, FL, who wants me to prepare a 2 year lease. One of the terms they want is a non-refundable cleaning charge that will be deducted from the security deposit at the end of the lease term. Does anyone have an opinion whether any part of that provision would be unenforceable? Thank you. Regards, Anthony J. Horky, Esquire Anthony J. Horky, P.A. One Boca Place New Address! 2255 Glades Road, Suite 324A Boca Raton, FL 33431 Phone: (561) 989-3206 Fax: (561) 989-3204 Web: www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.