Florida law does NOT specifically state that the property manager can transfer deposits to the CURRENT property owner.
Any transfer is done at the risk of the property manager unless the tenant agrees in writing to such transfer.
Please see below:
NOTE IT DOES NOT SAY “TRANSFER TO CURRENT OWNER”
FS 83.49 Deposit money or advance rent; duty of landlord and tenant.--
(7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records to the new owner or agent, and upon transmittal of a written receipt therefor, the transferor is free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. There is a rebuttable presumption that any new owner or agent received the security deposit from the previous owner or agent; however, this presumption is limited to 1 month's rent. This subsection does not excuse the landlord or agent for a violation of other provisions of this section while in possession of such deposits.
LAW OFFICES OF HEIST, WEISSE & WOLK, PLLC
“Serving the Property Management Professional”
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- STORM
- SALE
- PETS
- RENT
- LEASE
- EVICTIONS
- LIABILITY
- LEAD
- ABANDONMENT
- DEATH
- DEPOSIT
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- APPLICATION
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- ATTORNEYS FEES
- ADVANCE RENT
- DEPOSITS
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- FLOOD
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- ACCESS
- PET DEPOSIT
- EARLY TERMINATION
- CORPORATE TENANTS
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- RENEWING A LEASE
- REMOVING A TENANT FROM A LEASE
- REFERRAL FEES
- LEASE BREAK
- CORPORATE TENANT
- APPLICATION AND SCREENING
- LAWSUIT
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- NOTICE SERVING
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- LEASE BREAKS
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- NONRENEWAL
- ESA AND SERVICE ANIMALS
- SECURITY DEPOSIT REFUNDING
- SCREENS AND WINDOWS
- RENT ABATEMENT
- RENEWAL CONFIRMATION
- REMOVING A TENANT
- PROCESS SERVER
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- PREPAID - ADVANCE RENT
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- PERSONAL PROPERTY
- DEPOSIT FUNDS
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- SECURITY DEPOSITS
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- DISCLOSURE
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- POOLS
- RELEASES
- FICTITIOUS NAMES
- SUING AND COLLECTIONS
- COLLECTIONS AND SUING
- YOUR TENANT SERVED YOU WITH A 7 DAY NOTICE - WHAT DOES THE TENANT WANT?
- WHAT DOES THE TENANT WANT?
- VERBAL AGREEMENTS
- TERMINATING DUE TO A MAJOR REPAIR NEED
- TERMINATING DUE TO MOLD